[Congressional Record Volume 157, Number 170 (Tuesday, November 8, 2011)]
[Senate]
[Pages S7196-S7225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 925. Mr. McCAIN (for himself, Mr. Rockefeller, Mr. Johanns, Mr. 
Barrasso, Mr. Enzi, and Ms. Murkowski) submitted an amendment intended 
to be proposed by him to the bill H.R. 674, to amend the Internal 
Revenue Code of 1986 to repeal the imposition of 3 percent withholding 
on certain payments made to vendors by government entities, to modify 
the calculation of modified adjusted gross income for purposes of 
determining eligibility for certain healthcare-related programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON EXECUTIVE COMPENSATION.

       Notwithstanding any other provision of law, none of the 
     funds appropriated or otherwise made available by this or any 
     other Act may be used to pay compensation for senior 
     executives at the Federal National Mortgage Association or 
     Federal Home Loan Mortgage Corporation in the form of 
     bonuses, during any period of conservatorship for those 
     entities on or after the date of enactment of this Act.
                                 ______
                                 
  SA 926. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 674, to amend the Internal Revenue Code of 1986 to 
repeal the imposition of 3 percent withholding on certain payments made 
to vendors by government entities, to modify the calculation of 
modified adjusted gross income for purposes of determining eligibility 
for certain healthcare-related programs, and for other purposes; which 
was ordered to lie on the table; as follows:
       At the end, add the following:

                    TITLE _--REPEAL OF CLASS PROGRAM

     SEC. _. REPEAL OF CLASS PROGRAM.

       (a) Repeal.--Title XXXII of the Public Health Service Act 
     (42 U.S.C. 300ll et seq.; relating to the CLASS program) is 
     repealed.
       (b) Conforming Changes.--
       (1) Title VIII of the Patient Protection and Affordable 
     Care Act (Public Law 111-148; 124 Stat. 119, 846-847) is 
     repealed.
       (2) Section 1902(a) of the Social Security Act (42 U.S.C. 
     1396a(a)) is amended--
       (A) by striking paragraphs (81) and (82);
       (B) in paragraph (80), by inserting ``and'' at the end; and
       (C) by redesignating paragraph (83) as paragraph (81).
       (3) Paragraphs (2) and (3) of section 6021(d) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) are 
     amended to read as such paragraphs were in effect on the day 
     before the date of the enactment of section 8002(d) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148). Of the funds appropriated by paragraph (3) of such 
     section 6021(d), as amended by the Patient Protection and 
     Affordable Care Act, the unobligated balance is rescinded.
                                 ______
                                 
  SA 927. Mr. REID (for Mr. Tester, (for himself, Mrs. Murray, Mr. 
Baucus, Ms. Stabenow, Mr. Brown of Ohio, Mr. Reid, Mr. Akaka, Ms. 
Cantwell, Mr. Leahy, Mr. Casey, Mr. Coons, Mr. Menendez, Mr. Kerry, Mr. 
Lautenberg, Mr. Merkley, Mr. Sanders, Mrs. Shaheen, Mr. Bennet, Mr. 
Webb, Mr. Begich, Ms. Landrieu, Mr. Schumer, and Mr. Brown, of 
Massachusetts)) proposed an amendment to the bill H.R. 674, to amend 
the Internal Revenue Code of 1986 to repeal the imposition of 3 percent 
withholding on certain payments made to vendors by government entities, 
to modify the calculation of modified adjusted gross income for 
purposes of determining eligibility for certain healthcare-related 
programs, and for other purposes; as follows:

       Strike title II and insert the following:

                      TITLE II--VOW TO HIRE HEROES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``VOW to Hire Heroes Act of 
     2011''.

                    Subtitle A--Retraining Veterans

     SEC. 211. VETERANS RETRAINING ASSISTANCE PROGRAM.

       (a) Program Authorized.--
       (1) In general.--Not later than July 1, 2012, the Secretary 
     of Veterans Affairs shall, in collaboration with the 
     Secretary of Labor, establish and commence a program of 
     retraining assistance for eligible veterans.
       (2) Number of eligible veterans.--The number of unique 
     eligible veterans who participate in the program established 
     under paragraph (1) may not exceed--
       (A) 45,000 during fiscal year 2012; and
       (B) 54,000 during the period beginning October 1, 2012, and 
     ending March 31, 2014.
       (b) Retraining Assistance.--Except as provided by 
     subsection (k), each veteran who participates in the program 
     established under subsection (a)(1) shall be entitled to up 
     to 12 months of retraining assistance provided by the 
     Secretary of Veterans Affairs. Such retraining assistance may 
     only be used by the veteran to pursue a program of education 
     (as such term is defined in section 3452(b) of title 38, 
     United States Code) for training, on a full-time basis, 
     that--
       (1) is approved under chapter 36 of such title;
       (2) is offered by a community college or technical school;
       (3) leads to an associate degree or a certificate (or other 
     similar evidence of the completion of the program of 
     education or training);
       (4) is designed to provide training for a high-demand 
     occupation, as determined by the Commissioner of Labor 
     Statistics; and
       (5) begins on or after July 1, 2012.
       (c) Monthly Certification.--Each veteran who participates 
     in the program established under subsection (a)(1) shall 
     certify to the Secretary of Veterans Affairs the enrollment 
     of the veteran in a program of education described in 
     subsection (b) for each month in which the veteran 
     participates in the program.
       (d) Amount of Assistance.--The monthly amount of the 
     retraining assistance payable under this section is the 
     amount in effect under section 3015(a)(1) of title 38, United 
     States Code.
       (e) Eligibility.--
       (1) In general.--For purposes of this section, an eligible 
     veteran is a veteran who--
       (A) as of the date of the submittal of the application for 
     assistance under this section, is at least 35 years of age 
     but not more than 60 years of age;
       (B) was last discharged from active duty service in the 
     Armed Forces under conditions other than dishonorable;
       (C) as of the date of the submittal of the application for 
     assistance under this section, is unemployed;
       (D) as of the date of the submittal of the application for 
     assistance under this section, is not eligible to receive 
     educational assistance under chapter 30, 31, 32, 33, or 35 of 
     title 38, United States Code, or chapter 1606 or 1607 of 
     title 10, United States Code;
       (E) is not in receipt of compensation for a service-
     connected disability rated totally disabling by reason of 
     unemployability;
       (F) was not and is not enrolled in any Federal or State job 
     training program at any time during the 180-day period ending 
     on the date of the submittal of the application for 
     assistance under this section; and
       (G) by not later than October 1, 2013, submits to the 
     Secretary of Labor an application for assistance under this 
     section containing such information and assurances as that 
     Secretary may require.
       (2) Determination of eligibility.--
       (A) Determination by secretary of labor.--
       (i) In general.--For each application for assistance under 
     this section received by the Secretary of Labor from an 
     applicant, the Secretary of Labor shall determine whether the 
     applicant is eligible for such assistance under subparagraphs 
     (A), (C), (F), and (G) of paragraph (1).
       (ii) Referral to secretary of veterans affairs.--If the 
     Secretary of Labor determines under clause (i) that an 
     applicant is eligible for assistance under this section, the 
     Secretary of Labor shall forward the application of such 
     applicant to the Secretary of Veterans Affairs in accordance 
     with the terms of the agreement required by subsection (h).
       (B) Determination by secretary of veterans affairs.--For 
     each application relating to an applicant received by the 
     Secretary of Veterans Affairs under subparagraph (A)(ii), the 
     Secretary of Veterans Affairs shall determine under 
     subparagraphs (B), (D), and (E) of paragraph (1) whether such 
     applicant is eligible for assistance under this section.
       (f) Employment Assistance.--For each veteran who 
     participates in the program established under subsection 
     (a)(1), the Secretary of Labor shall contact such veteran not 
     later than 30 days after the date on which the veteran 
     completes, or terminates participation in, such program to 
     facilitate employment of such veteran and availability or 
     provision of employment placement services to such veteran.
       (g) Charging of Assistance Against Other Entitlement.--
     Assistance provided under this section shall be counted 
     against the aggregate period for which section 3695 of title 
     38, United States Code, limits the individual's receipt of 
     educational assistance under laws administered by the 
     Secretary of Veterans Affairs.
       (h) Joint Agreement.--
       (1) In general.--The Secretary of Veterans Affairs and the 
     Secretary of Labor shall enter into an agreement to carry out 
     this section.
       (2) Appeals process.--The agreement required by paragraph 
     (1) shall include establishment of a process for resolving 
     disputes relating to and appeals of decisions of the 
     Secretaries under subsection (e)(2).
       (i) Report.--
       (1) In general.--Not later than July 1, 2014, the Secretary 
     of Veterans Affairs shall,

[[Page S7197]]

     in collaboration with the Secretary of Labor, submit to the 
     appropriate committees of Congress a report on the retraining 
     assistance provided under this section.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The total number of--
       (i) eligible veterans who participated; and
       (ii) associates degrees or certificates awarded (or other 
     similar evidence of the completion of the program of 
     education or training earned).
       (B) Data related to the employment status of eligible 
     veterans who participated.
       (j) Funding.--Payments under this section shall be made 
     from amounts appropriated to or otherwise made available to 
     the Department of Veterans Affairs for the payment of 
     readjustment benefits. Not more than $2,000,000 shall be made 
     available from such amounts for information technology 
     expenses (not including personnel costs) associated with the 
     administration of the program established under subsection 
     (a)(1).
       (k) Termination of Authority.--The authority to make 
     payments under this section shall terminate on March 31, 
     2014.
       (l) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Health, Education, Labor, and Pension of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Education and the Workforce of the House of Representatives.

        Subtitle B--Improving the Transition Assistance Program

     SEC. 221. MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED 
                   FORCES IN THE TRANSITION ASSISTANCE PROGRAM OF 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Subsection (c) of section 1144 of title 
     10, United States Code, is amended to read as follows:
       ``(c) Participation.--(1) Except as provided in paragraph 
     (2), the Secretary of Defense and the Secretary of Homeland 
     Security shall require the participation in the program 
     carried out under this section of the members eligible for 
     assistance under the program.
       ``(2) The Secretary of Defense and the Secretary of 
     Homeland Security may, under regulations such Secretaries 
     shall prescribe, waive the participation requirement of 
     paragraph (1) with respect to--
       ``(A) such groups or classifications of members as the 
     Secretaries determine, after consultation with the Secretary 
     of Labor and the Secretary of Veterans Affairs, for whom 
     participation is not and would not be of assistance to such 
     members based on the Secretaries' articulable justification 
     that there is extraordinarily high reason to believe the 
     exempted members are unlikely to face major readjustment, 
     health care, employment, or other challenges associated with 
     transition to civilian life; and
       ``(B) individual members possessing specialized skills who, 
     due to unavoidable circumstances, are needed to support a 
     unit's imminent deployment.''.
       (b) Required Use of Employment Assistance, Job Training 
     Assistance, and Other Transitional Services in Preseparation 
     Counseling.--Section 1142(a)(2) of such title is amended by 
     striking ``may'' and inserting ``shall''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 1 year after 
     the date of the enactment of this Act.

     SEC. 222. INDIVIDUALIZED ASSESSMENT FOR MEMBERS OF THE ARMED 
                   FORCES UNDER TRANSITION ASSISTANCE ON 
                   EQUIVALENCE BETWEEN SKILLS DEVELOPED IN 
                   MILITARY OCCUPATIONAL SPECIALTIES AND 
                   QUALIFICATIONS REQUIRED FOR CIVILIAN EMPLOYMENT 
                   WITH THE PRIVATE SECTOR.

       (a) Study on Equivalence Required.--
       (1) In general.--The Secretary of Labor shall, in 
     consultation with the Secretary of Defense and the Secretary 
     of Veterans Affairs, enter into a contract with a qualified 
     organization to conduct a study to identify any equivalences 
     between the skills developed by members of the Armed Forces 
     through various military occupational specialties (MOS), 
     successful completion of resident training courses, attaining 
     various military ranks or rates, or other military 
     experiences and the qualifications required for various 
     positions of civilian employment in the private sector.
       (2) Cooperation of federal agencies.--The departments and 
     agencies of the Federal Government, including the Office of 
     Personnel Management, the General Services Administration, 
     the Government Accountability Office, the Department of 
     Education, and other appropriate departments and agencies, 
     shall cooperate with the contractor under paragraph (1) to 
     conduct the study required under that paragraph.
       (3) Report.--Upon completion of the study conducted under 
     paragraph (1), the contractor under that paragraph shall 
     submit to the Secretary of Defense, the Secretary of Veterans 
     Affairs, and the Secretary of Labor a report setting forth 
     the results of the study. The report shall include such 
     information as the Secretaries shall specify in the contract 
     under paragraph (1) for purposes of this section.
       (4) Transmittal to congress.--The Secretary of Labor shall 
     transmit to the appropriate committees of Congress the report 
     submitted under paragraph (3), together with such comments on 
     the report as the Secretary considers appropriate.
       (5) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Veterans' Affairs, the Committee on 
     Armed Services, and the Committee on Health, Education, 
     Labor, and Pension of the Senate; and
       (B) the Committee on Veterans' Affairs, the Committee on 
     Armed Services, and the Committee on Education and the 
     Workforce of the House of Representatives.
       (b) Publication.--The secretaries described in subsection 
     (a)(1) shall ensure that the equivalences identified under 
     subsection (a)(1) are--
       (1) made publicly available on an Internet website; and
       (2) regularly updated to reflect the most recent findings 
     of the secretaries with respect to such equivalences.
       (c) Individualized Assessment of Civilian Positions 
     Available Through Military Experiences.--The Secretary of 
     Defense shall ensure that each member of the Armed Forces who 
     is participating in the Transition Assistance Program (TAP) 
     of the Department of Defense receives, as part of such 
     member's participation in that program, an individualized 
     assessment of the various positions of civilian employment in 
     the private sector for which such member may be qualified as 
     a result of the skills developed by such member through 
     various military occupational specialties (MOS), successful 
     completion of resident training courses, attaining various 
     military ranks or rates, or other military experiences. The 
     assessment shall be performed using the results of the study 
     conducted under subsection (a) and such other information as 
     the Secretary of Defense, in consultation with the Secretary 
     of Veterans Affairs and the Secretary of Labor, considers 
     appropriate for that purpose.
       (d) Further Use in Employment-related Transition 
     Assistance.--
       (1) Transmittal of assessment.--The Secretary of Defense 
     shall make the individualized assessment provided a member 
     under subsection (a) available electronically to the 
     Secretary of Veterans Affairs and the Secretary of Labor.
       (2) Use in assistance.--The Secretary of Veterans Affairs 
     and the Secretary of Labor may use an individualized 
     assessment with respect to an individual under paragraph (1) 
     for employment-related assistance in the transition from 
     military service to civilian life provided the individual by 
     such Secretary and to otherwise facilitate and enhance the 
     transition of the individual from military service to 
     civilian life.
       (e) Effective Date.--This section shall take effect on the 
     date that is one year after the date of the enactment of this 
     Act.

     SEC. 223. TRANSITION ASSISTANCE PROGRAM CONTRACTING.

       (a) Transition Assistance Program Contracting.--
       (1) In general.--Section 4113 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 4113. Transition Assistance Program personnel

       ``(a) Requirement to Contract.--In accordance with section 
     1144 of title 10, the Secretary shall enter into a contract 
     with an appropriate private entity or entities to provide the 
     functions described in subsection (b) at all locations where 
     the program described in such section is carried out.
       ``(b) Functions.--Contractors under subsection (a) shall 
     provide to members of the Armed Forces who are being 
     separated from active duty (and the spouses of such members) 
     the services described in section 1144(a)(1) of title 10, 
     including the following:
       ``(1) Counseling.
       ``(2) Assistance in identifying employment and training 
     opportunities and help in obtaining such employment and 
     training.
       ``(3) Assessment of academic preparation for enrollment in 
     an institution of higher learning or occupational training.
       ``(4) Other related information and services under such 
     section.
       ``(5) Such other services as the Secretary considers 
     appropriate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 41 of title 38, United States Code, is 
     amended by striking the item relating to section 4113 and 
     inserting the following new item:

``4113. Transition Assistance Program personnel.''.
       (b) Deadline for Implementation.--The Secretary of Labor 
     shall enter into the contract required by section 4113 of 
     title 38, United States Code, as added by subsection (a), not 
     later than two years after the date of the enactment of this 
     Act.

     SEC. 224. CONTRACTS WITH PRIVATE ENTITIES TO ASSIST IN 
                   CARRYING OUT TRANSITION ASSISTANCE PROGRAM OF 
                   DEPARTMENT OF DEFENSE.

       Section 1144(d) of title 10, United States Code, is 
     amended--
       (1) in paragraph (5), by striking ``public or private 
     entities; and'' and inserting ``public entities;'';
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5), the following new 
     paragraph (6):
       ``(6) enter into contracts with private entities, 
     particularly with qualified private entities that have 
     experience with instructing

[[Page S7198]]

     members of the armed forces eligible for assistance under the 
     program carried out under this section on--
       ``(A) private sector culture, resume writing, career 
     networking, and training on job search technologies;
       ``(B) academic readiness and educational opportunities; or
       ``(C) other relevant topics; and''.

     SEC. 225. IMPROVED ACCESS TO APPRENTICESHIP PROGRAMS FOR 
                   MEMBERS OF THE ARMED FORCES WHO ARE BEING 
                   SEPARATED FROM ACTIVE DUTY OR RETIRED.

       Section 1144 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) Participation in Apprenticeship Programs.--As part of 
     the program carried out under this section, the Secretary of 
     Defense and the Secretary of Homeland Security may permit a 
     member of the armed forces eligible for assistance under the 
     program to participate in an apprenticeship program 
     registered under the Act of August 16, 1937 (commonly known 
     as the `National Apprenticeship Act'; 50 Stat. 664, chapter 
     663; 29 U.S.C. 50 et seq.), or a pre-apprenticeship program 
     that provides credit toward a program registered under such 
     Act, that provides members of the armed forces with the 
     education, training, and services necessary to transition to 
     meaningful employment that leads to economic self-
     sufficiency.''.

     SEC. 226. COMPTROLLER GENERAL REVIEW.

       Not later than two years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a review of the Transition Assistance Program (TAP) 
     and submit to Congress a report on the results of the review 
     and any recommendations of the Comptroller General for 
     improving the program.

Subtitle C--Improving the Transition of Veterans to Civilian Employment

     SEC. 231. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF 
                   VETERANS AFFAIRS TO PROVIDE REHABILITATION AND 
                   VOCATIONAL BENEFITS TO MEMBERS OF THE ARMED 
                   FORCES WITH SEVERE INJURIES OR ILLNESSES.

       Section 1631(b)(2) of the Wounded Warrior Act (title XVI of 
     Public Law 110-181; 10 U.S.C. 1071 note) is amended by 
     striking ``December 31, 2012'' and inserting ``December 31, 
     2014''.

     SEC. 232. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS 
                   AFFAIRS TO PAY EMPLOYERS FOR PROVIDING ON-JOB 
                   TRAINING TO VETERANS WHO HAVE NOT BEEN 
                   REHABILITATED TO POINT OF EMPLOYABILITY.

       Section 3116(b)(1) of title 38, United States Code, is 
     amended by striking ``who have been rehabilitated to the 
     point of employability''.

     SEC. 233. TRAINING AND REHABILITATION FOR VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES WHO HAVE 
                   EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER 
                   STATE LAW.

       (a) Entitlement to Additional Rehabilitation Programs.--
       (1) In general.--Section 3102 of title 38, United States 
     Code, is amended--
       (A) in the matter before paragraph (1), by striking ``A 
     person'' and inserting the following:
       ``(a) In General.--A person''; and
       (B) by adding at the end the following new paragraph:
       ``(b) Additional Rehabilitation Programs for Persons Who 
     Have Exhausted Rights to Unemployment Benefits Under State 
     Law.--(1) Except as provided in paragraph (4), a person who 
     has completed a rehabilitation program under this chapter 
     shall be entitled to an additional rehabilitation program 
     under the terms and conditions of this chapter if--
       ``(A) the person is described by paragraph (1) or (2) of 
     subsection (a); and
       ``(B) the person--
       ``(i) has exhausted all rights to regular compensation 
     under the State law or under Federal law with respect to a 
     benefit year;
       ``(ii) has no rights to regular compensation with respect 
     to a week under such State or Federal law; and
       ``(iii) is not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada; and
       ``(C) begins such additional rehabilitation program within 
     six months of the date of such exhaustion.
       ``(2) For purposes of paragraph (1)(B)(i), a person shall 
     be considered to have exhausted such person's rights to 
     regular compensation under a State law when--
       ``(A) no payments of regular compensation can be made under 
     such law because such person has received all regular 
     compensation available to such person based on employment or 
     wages during such person's base period; or
       ``(B) such person's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       ``(3) In this subsection, the terms `compensation', 
     `regular compensation', `benefit year', `State', `State law', 
     and `week' have the respective meanings given such terms 
     under section 205 of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note).
       ``(4) No person shall be entitled to an additional 
     rehabilitation program under paragraph (1) from whom the 
     Secretary receives an application therefor after March 31, 
     2014.''.
       (2) Duration of additional rehabilitation program.--Section 
     3105(b) of such title is amended--
       (A) by striking ``Except as provided in subsection (c) of 
     this section,'' and inserting ``(1) Except as provided in 
     paragraph (2) and in subsection (c),''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The period of a vocational rehabilitation program 
     pursued by a veteran under section 3102(b) of this title 
     following a determination of the current reasonable 
     feasibility of achieving a vocational goal may not exceed 12 
     months.''.
       (b) Extension of Period of Eligibility.--Section 3103 of 
     such title is amended--
       (1) in subsection (a), by striking ``in subsection (b), 
     (c), or (d)'' and inserting ``in subsection (b), (c), (d), or 
     (e)'';
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) The limitation in subsection (a) shall not apply 
     to a rehabilitation program described in paragraph (2).
       ``(2) A rehabilitation program described in this paragraph 
     is a rehabilitation program pursued by a veteran under 
     section 3102(b) of this title.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on June 1, 2012, and shall apply 
     with respect to rehabilitation programs beginning after such 
     date.
       (d) Comptroller General Review.--Not later than two years 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) conduct a review of the training and rehabilitation 
     under chapter 31 of title 38, United States Code; and
       (2) submit to Congress a report on the findings of the 
     Comptroller General with respect to the review and any 
     recommendations of the Comptroller General for improving such 
     training and rehabilitation.

     SEC. 234. COLLABORATIVE VETERANS' TRAINING, MENTORING, AND 
                   PLACEMENT PROGRAM.

       (a) In General.--Chapter 41 of title 38, United States 
     Code, is amended by inserting after section 4104 the 
     following new section:

     ``Sec. 4104A. Collaborative veterans' training, mentoring, 
       and placement program

       ``(a) Grants.--The Secretary shall award grants to eligible 
     nonprofit organizations to provide training and mentoring for 
     eligible veterans who seek employment. The Secretary shall 
     award the grants to not more than three organizations, for 
     periods of two years.
       ``(b) Collaboration and Facilitation.--The Secretary shall 
     ensure that the recipients of the grants--
       ``(1) collaborate with--
       ``(A) the appropriate disabled veterans' outreach 
     specialists (in carrying out the functions described in 
     section 4103A(a)) and the appropriate local veterans' 
     employment representatives (in carrying out the functions 
     described in section 4104); and
       ``(B) the appropriate State boards and local boards (as 
     such terms are defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801)) for the areas to be 
     served by recipients of the grants; and
       ``(2) based on the collaboration, facilitate the placement 
     of the veterans that complete the training in meaningful 
     employment that leads to economic self-sufficiency.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, a nonprofit organization shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     At a minimum, the information shall include--
       ``(1) information describing how the organization will--
       ``(A) collaborate with disabled veterans' outreach 
     specialists and local veterans' employment representatives 
     and the appropriate State boards and local boards (as such 
     terms are defined in section 101 of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2801));
       ``(B) based on the collaboration, provide training that 
     facilitates the placement described in subsection (b)(2); and
       ``(C) make available, for each veteran receiving the 
     training, a mentor to provide career advice to the veteran 
     and assist the veteran in preparing a resume and developing 
     job interviewing skills; and
       ``(2) an assurance that the organization will provide the 
     information necessary for the Secretary to prepare the 
     reports described in subsection (d).
       ``(d) Reports.--(1) Not later than six months after the 
     date of the enactment of the VOW to Hire Heroes Act of 2011, 
     the Secretary shall prepare and submit to the appropriate 
     committees of Congress a report that describes the process 
     for awarding grants under this section, the recipients of the 
     grants, and the collaboration described in subsections (b) 
     and (c).
       ``(2) Not later than 18 months after the date of enactment 
     of the VOW to Hire Heroes Act of 2011, the Secretary shall--
       ``(A) conduct an assessment of the performance of the grant 
     recipients, disabled veterans' outreach specialists, and 
     local veterans' employment representatives in carrying out 
     activities under this section, which assessment shall include 
     collecting information on the number of--
       ``(i) veterans who applied for training under this section;
       ``(ii) veterans who entered the training;
       ``(iii) veterans who completed the training;

[[Page S7199]]

       ``(iv) veterans who were placed in meaningful employment 
     under this section; and
       ``(v) veterans who remained in such employment as of the 
     date of the assessment; and
       ``(B) submit to the appropriate committees of Congress a 
     report that includes--
       ``(i) a description of how the grant recipients used the 
     funds made available under this section;
       ``(ii) the results of the assessment conducted under 
     subparagraph (A); and
       ``(iii) the recommendations of the Secretary as to whether 
     amounts should be appropriated to carry out this section for 
     fiscal years after 2013.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $4,500,000 for 
     the period consisting of fiscal years 2012 and 2013.
       ``(f) Definitions.--In this section--
       ``(1) the term `appropriate committees of Congress' means--
       ``(A) the Committee on Veterans' Affairs and the Committee 
     on Health, Education, Labor, and Pension of the Senate; and
       ``(B) the Committee on Veterans' Affairs and the Committee 
     on Education and Workforce of the House of Representatives; 
     and
       ``(2) the term `nonprofit organization' means an 
     organization that is described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and that is exempt from 
     taxation under section 501(a) of such Code.''.
       (b) Conforming Amendment.--Section 4103A(a) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1), by inserting ``and facilitate 
     placements'' after ``intensive services''; and
       (2) by adding at the end the following:
       ``(3) In facilitating placement of a veteran under this 
     program, a disabled veterans' outreach program specialist 
     shall help to identify job opportunities that are appropriate 
     for the veteran's employment goals and assist that veteran in 
     developing a cover letter and resume that are targeted for 
     those particular jobs.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by inserting 
     after the item relating to section 4104 the following new 
     item:

``4104A. Collaborative veterans' training, mentoring, and placement 
              program.''.

     SEC. 235. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND 
                   OTHER EMPLOYMENT ASSISTANCE.

       (a) Appointments to Competitive Service Positions.--
       (1) In general.--Chapter 21 of title 5, United States Code, 
     is amended by inserting after section 2108 the following:

     ``Sec. 2108a. Treatment of certain individuals as veterans, 
       disabled veterans, and preference eligibles

       ``(a) Veteran.--
       ``(1) In general.--Except as provided under paragraph (3), 
     an individual shall be treated as a veteran defined under 
     section 2108(1) for purposes of making an appointment in the 
     competitive service, if the individual--
       ``(A) meets the definition of a veteran under section 
     2108(1), except for the requirement that the individual has 
     been discharged or released from active duty in the armed 
     forces under honorable conditions; and
       ``(B) submits a certification described under paragraph (2) 
     to the Federal officer making the appointment.
       ``(2) Certification.--A certification referred to under 
     paragraph (1) is a certification that the individual is 
     expected to be discharged or released from active duty in the 
     armed forces under honorable conditions not later than 120 
     days after the date of the submission of the certification.
       ``(b) Disabled Veteran.--
       ``(1) In general.--Except as provided under paragraph (3), 
     an individual shall be treated as a disabled veteran defined 
     under section 2108(2) for purposes of making an appointment 
     in the competitive service, if the individual--
       ``(A) meets the definition of a disabled veteran under 
     section 2108(2), except for the requirement that the 
     individual has been separated from active duty in the armed 
     forces under honorable conditions; and
       ``(B) submits a certification described under paragraph (2) 
     to the Federal officer making the appointment.
       ``(2) Certification.--A certification referred to under 
     paragraph (1) is a certification that the individual is 
     expected to be separated from active duty in the armed forces 
     under honorable conditions not later than 120 days after the 
     date of the submission of the certification.
       ``(c) Preference Eligible.--Subsections (a) and (b) shall 
     apply with respect to determining whether an individual is a 
     preference eligible under section 2108(3) for purposes of 
     making an appointment in the competitive service.''.
       (2) Technical and conforming amendments.--
       (A) Definitions.--Section 2108 of title 5, United States 
     Code, is amended--
       (i) in paragraph (1), in the matter following subparagraph 
     (D), by inserting ``, except as provided under section 
     2108a,'' before ``who has been'';
       (ii) in paragraph (2), by inserting ``(except as provided 
     under section 2108a)'' before ``has been separated''; and
       (iii) in paragraph (3), in the matter preceding 
     subparagraph (A), by inserting ``or section 2108a(c)'' after 
     ``paragraph (4) of this section''.
       (B) Table of sections.--The table of sections for chapter 
     21 of title 5, United States Code, is amended by adding after 
     the item relating to section 2108 the following:

``2108a. Treatment of certain individuals as veterans, disabled 
              veterans, and preference eligibles.''.
       (b) Employment Assistance: Other Federal Agencies.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' has the meaning given the term 
     ``Executive agency'' in section 105 of title 5, United States 
     Code; and
       (B) the term ``veteran'' has the meaning given that term in 
     section 101 of title 38, United States Code.
       (2) Responsibilities of office of personnel management.--
     The Director of the Office of Personnel Management shall--
       (A) designate agencies that shall establish a program to 
     provide employment assistance to members of the Armed Forces 
     who are being separated from active duty in accordance with 
     paragraph (3); and
       (B) ensure that the programs established under this 
     subsection are coordinated with the Transition Assistance 
     Program (TAP) of the Department of Defense.
       (3) Elements of program.--The head of each agency 
     designated under paragraph (2)(A), in consultation with the 
     Director of the Office of Personnel Management, and acting 
     through the Veterans Employment Program Office of the agency 
     established under Executive Order 13518 (74 Fed. Reg. 58533; 
     relating to employment of veterans in the Federal 
     Government), or any successor thereto, shall--
       (A) establish a program to provide employment assistance to 
     members of the Armed Forces who are being separated from 
     active duty, including assisting such members in seeking 
     employment with the agency;
       (B) provide such members with information regarding the 
     program of the agency established under subparagraph (A); and
       (C) promote the recruiting, hiring, training and 
     development, and retention of such members and veterans by 
     the agency.
       (4) Other office.--If an agency designated under paragraph 
     (2)(A) does not have a Veterans Employment Program Office, 
     the head of the agency, in consultation with the Director of 
     the Office of Personnel Management, shall select an 
     appropriate office of the agency to carry out the 
     responsibilities of the agency under paragraph (3).

     SEC. 236. DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK 
                   EXPERIENCE FOR MEMBERS OF THE ARMED FORCES ON 
                   TERMINAL LEAVE.

       (a) In General.--The Secretary of Defense may establish a 
     pilot program to assess the feasibility and advisability of 
     providing to members of the Armed Forces on terminal leave 
     work experience with civilian employees and contractors of 
     the Department of Defense to facilitate the transition of the 
     individuals from service in the Armed Forces to employment in 
     the civilian labor market.
       (b) Duration.--The pilot program shall be carried out 
     during the two-year period beginning on the date of the 
     commencement of the pilot program.
       (c) Report.--Not later than 540 days after the date of the 
     commencement of the pilot program, the Secretary shall submit 
     to the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate and the Committee on Armed 
     Services and the Committee on Veterans' Affairs of the House 
     of Representatives an interim report on the pilot program 
     that includes the findings of the Secretary with respect to 
     the feasibility and advisability of providing covered 
     individuals with work experience as described in subsection 
     (a).

     SEC. 237. ENHANCEMENT OF DEMONSTRATION PROGRAM ON 
                   CREDENTIALING AND LICENSING OF VETERANS.

       (a) In General.--Section 4114 of title 38, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Assistant Secretary shall'' and inserting 
     ``Assistant Secretary for Veterans' Employment and Training 
     shall, in consultation with the Assistant Secretary for 
     Employment and Training,'';
       (ii) by striking ``not less than 10 military'' and 
     inserting ``not more than five military''; and
       (iii) by inserting ``for Veterans' Employment and 
     Training'' after ``selected by the Assistant Secretary''; and
       (B) in paragraph (2), by striking ``consult with 
     appropriate Federal, State, and industry officials to'' and 
     inserting ``enter into a contract with an appropriate entity 
     representing a coalition of State governors to consult with 
     appropriate Federal, State, and industry officials and''; and
       (3) by striking subsections (d) through (h) and inserting 
     the following:
       ``(d) Period of Project.--The period during which the 
     Assistant Secretary shall carry out the demonstration project 
     under this section shall be the two-year period beginning on 
     the date of the enactment of the VOW to Hire Heroes Act of 
     2011.''.
       (b) Study Comparing Costs Incurred by Secretary of Defense 
     for Training for Military Occupational Specialties Without 
     Credentialing or Licensing With Costs Incurred by Secretary 
     of Veterans Affairs and Secretary of Labor in Providing 
     Employment-related Assistance.--
       (1) In general.--Not later than 180 days after the 
     conclusion of the period described

[[Page S7200]]

     in subsection (d) of section 4114 of title 38, United States 
     Code, as added by subsection (a), the Assistant Secretary of 
     Labor of Veterans' Employment and Training shall, in 
     consultation with the Secretary of Defense and the Secretary 
     of Veterans Affairs, complete a study comparing the costs 
     incurred by the Secretary of Defense in training members of 
     the Armed Forces for the military occupational specialties 
     selected by the Assistant Secretary of Labor of Veterans' 
     Employment and Training pursuant to the demonstration project 
     provided for in such section 4114, as amended by subsection 
     (a), with the costs incurred by the Secretary of Veterans 
     Affairs and the Secretary of Labor in providing employment-
     related assistance to veterans who previously held such 
     military occupational specialties, including--
       (A) providing educational assistance under laws 
     administered by the Secretary of Veterans Affairs to veterans 
     to obtain credentialing and licensing for civilian 
     occupations that are similar to such military occupational 
     specialties;
       (B) providing assistance to unemployed veterans who, while 
     serving in the Armed Forces, were trained in a military 
     occupational specialty; and
       (C) providing vocational training or counseling to veterans 
     described in subparagraph (B).
       (2) Report.--
       (A) In general.--Not later than 180 days after the 
     conclusion of the period described in subsection (d) of 
     section 4114 of title 38, United States Code, as added by 
     subsection (a), the Assistant Secretary of Labor of Veterans' 
     Employment and Training shall submit to Congress a report on 
     the study carried out under paragraph (1).
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings of the Assistant Secretary with respect to 
     the study required by paragraph (1).
       (ii) A detailed description of the costs compared under the 
     study required by paragraph (1).

     SEC. 238. INCLUSION OF PERFORMANCE MEASURES IN ANNUAL REPORT 
                   ON VETERAN JOB COUNSELING, TRAINING, AND 
                   PLACEMENT PROGRAMS OF THE DEPARTMENT OF LABOR.

       Section 4107(c) of title 38, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``clause (1)'' and 
     inserting ``paragraph (1)'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(7) performance measures for the provision of assistance 
     under this chapter, including--
       ``(A) the percentage of participants in programs under this 
     chapter who find employment before the end of the first 90-
     day period following their completion of the program;
       ``(B) the percentage of participants described in 
     subparagraph (A) who are employed during the first 180-day 
     period following the period described in such subparagraph;
       ``(C) the median earnings of participants described in 
     subparagraph (A) during the period described in such 
     subparagraph;
       ``(D) the median earnings of participants described in 
     subparagraph (B) during the period described in such 
     subparagraph; and
       ``(E) the percentage of participants in programs under this 
     chapter who obtain a certificate, degree, diploma, licensure, 
     or industry-recognized credential relating to the program in 
     which they participated under this chapter during the third 
     90-day period following their completion of the program.''.

     SEC. 239. CLARIFICATION OF PRIORITY OF SERVICE FOR VETERANS 
                   IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.

       Section 4215 of title 38, United States Code, is amended--
       (1) in subsection (a)(3), by adding at the end the 
     following: ``Such priority includes giving access to such 
     services to a covered person before a non-covered person or, 
     if resources are limited, giving access to such services to a 
     covered person instead of a non-covered person.''; and
       (2) by amending subsection (d) to read as follows:
       ``(d) Addition to Annual Report.--(1) In the annual report 
     required under section 4107(c) of this title for the program 
     year beginning in 2003 and each subsequent program year, the 
     Secretary of Labor shall evaluate whether covered persons are 
     receiving priority of service and are being fully served by 
     qualified job training programs. Such evaluation shall 
     include--
       ``(A) an analysis of the implementation of providing such 
     priority at the local level;
       ``(B) whether the representation of veterans in such 
     programs is in proportion to the incidence of representation 
     of veterans in the labor market, including within groups that 
     the Secretary may designate for priority under such programs, 
     if any; and
       ``(C) performance measures, as determined by the Secretary, 
     to determine whether veterans are receiving priority of 
     service and are being fully served by qualified job training 
     programs.
       ``(2) The Secretary may not use the proportion of 
     representation of veterans described in subparagraph (B) of 
     paragraph (1) as the basis for determining under such 
     paragraph whether veterans are receiving priority of service 
     and are being fully served by qualified job training 
     programs.''.

     SEC. 240. EVALUATION OF INDIVIDUALS RECEIVING TRAINING AT THE 
                   NATIONAL VETERANS' EMPLOYMENT AND TRAINING 
                   SERVICES INSTITUTE.

       (a) In General.--Section 4109 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d)(1) The Secretary shall require that each disabled 
     veterans' outreach program specialist and local veterans' 
     employment representative who receives training provided by 
     the Institute, or its successor, is given a final examination 
     to evaluate the specialist's or representative's performance 
     in receiving such training.
       ``(2) The results of such final examination shall be 
     provided to the entity that sponsored the specialist or 
     representative who received the training.''.
       (b) Effective Date.--Subsection (d) of section 4109 of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to training provided by the National 
     Veterans' Employment and Training Services Institute that 
     begins on or after the date that is 180 days after the date 
     of the enactment of this Act.

     SEC. 241. REQUIREMENTS FOR FULL-TIME DISABLED VETERANS' 
                   OUTREACH PROGRAM SPECIALISTS AND LOCAL 
                   VETERANS' EMPLOYMENT REPRESENTATIVES.

       (a) Disabled Veterans' Outreach Program Specialists.--
     Section 4103A of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Additional Requirement for Full-time Employees.--(1) 
     A full-time disabled veterans' outreach program specialist 
     shall perform only duties related to meeting the employment 
     needs of eligible veterans, as described in subsection (a), 
     and shall not perform other non-veteran-related duties that 
     detract from the specialist's ability to perform the 
     specialist's duties related to meeting the employment needs 
     of eligible veterans.
       ``(2) The Secretary shall conduct regular audits to ensure 
     compliance with paragraph (1). If, on the basis of such an 
     audit, the Secretary determines that a State is not in 
     compliance with paragraph (1), the Secretary may reduce the 
     amount of a grant made to the State under section 4102A(b)(5) 
     of this title.''.
       (b) Local Veterans' Employment Representatives.--Section 
     4104 of such title is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Additional Requirements for Full-time Employees.--(1) 
     A full-time local veterans' employment representative shall 
     perform only duties related to the employment, training, and 
     placement services under this chapter, and shall not perform 
     other non-veteran-related duties that detract from the 
     representative's ability to perform the representative's 
     duties related to employment, training, and placement 
     services under this chapter.
       ``(2) The Secretary shall conduct regular audits to ensure 
     compliance with paragraph (1). If, on the basis of such an 
     audit, the Secretary determines that a State is not in 
     compliance with paragraph (1), the Secretary may reduce the 
     amount of a grant made to the State under section 4102A(b)(5) 
     of this title.''.
       (c) Consolidation.--Section 4102A of such title is amended 
     by adding at the end the following new subsection:
       ``(h) Consolidation of Disabled Veterans' Outreach Program 
     Specialists and Veterans' Employment Representatives.--The 
     Secretary may allow the Governor of a State receiving funds 
     under subsection (b)(5) to support specialists and 
     representatives as described in such subsection to 
     consolidate the functions of such specialists and 
     representatives if--
       ``(1) the Governor determines, and the Secretary concurs, 
     that such consolidation--
       ``(A) promotes a more efficient administration of services 
     to veterans with a particular emphasis on services to 
     disabled veterans; and
       ``(B) does not hinder the provision of services to veterans 
     and employers; and
       ``(2) the Governor submits to the Secretary a proposal 
     therefor at such time, in such manner, and containing such 
     information as the Secretary may require.''.

     Subtitle D--Improvements to Uniformed Services Employment and 
                          Reemployment Rights

     SEC. 251. CLARIFICATION OF BENEFITS OF EMPLOYMENT COVERED 
                   UNDER USERRA.

       Section 4303(2) of title 38, United States Code, is amended 
     by inserting ``the terms, conditions, or privileges of 
     employment, including'' after ``means''.

                       Subtitle E--Other Matters

     SEC. 261. RETURNING HEROES AND WOUNDED WARRIORS WORK 
                   OPPORTUNITY TAX CREDITS.

       (a) In General.--Paragraph (3) of section 51(b) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``($12,000 per year in the case of any individual who is a 
     qualified veteran by reason of subsection (d)(3)(A)(ii))'' 
     and inserting ``($12,000 per year in the case of any 
     individual who is a qualified veteran by reason of subsection 
     (d)(3)(A)(ii)(I), $14,000 per year in the case of any 
     individual who is a qualified veteran by reason of subsection

[[Page S7201]]

     (d)(3)(A)(iv), and $24,000 per year in the case of any 
     individual who is a qualified veteran by reason of subsection 
     (d)(3)(A)(ii)(II))''.
       (b) Returning Heroes Tax Credits.--Subparagraph (A) of 
     section 51(d)(3) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``or'' at the end of clause (i),
       (2) by striking the period at the end of clause (ii)(II), 
     and
       (3) by adding at the end the following new clauses:
       ``(iii) having aggregate periods of unemployment during the 
     1-year period ending on the hiring date which equal or exceed 
     4 weeks (but less than 6 months), or
       ``(iv) having aggregate periods of unemployment during the 
     1-year period ending on the hiring date which equal or exceed 
     6 months.''.
       (c) Simplified Certification.--Paragraph (13) of section 
     51(d) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(D) Credit for unemployed veterans.--
       ``(i) In general.--Notwithstanding subparagraph (A), for 
     purposes of paragraph (3)(A)--

       ``(I) a veteran will be treated as certified by the 
     designated local agency as having aggregate periods of 
     unemployment meeting the requirements of clause (ii)(II) or 
     (iv) of such paragraph (whichever is applicable) if such 
     veteran is certified by such agency as being in receipt of 
     unemployment compensation under State or Federal law for not 
     less than 6 months during the 1-year period ending on the 
     hiring date, and
       ``(II) a veteran will be treated as certified by the 
     designated local agency as having aggregate periods of 
     unemployment meeting the requirements of clause (iii) of such 
     paragraph if such veteran is certified by such agency as 
     being in receipt of unemployment compensation under State or 
     Federal law for not less than 4 weeks (but less than 6 
     months) during the 1-year period ending on the hiring date.

       ``(ii) Regulatory authority.--The Secretary may provide 
     alternative methods for certification of a veteran as a 
     qualified veteran described in clause (ii)(II), (iii), or 
     (iv) of paragraph (3)(A), at the Secretary's discretion.''.
       (d) Extension of Credit.--Subparagraph (B) of section 
     51(c)(4) of the Internal Revenue Code of 1986 is amended to 
     read as follows:
       ``(B) after--
       ``(i) December 31, 2012, in the case of a qualified 
     veteran, and
       ``(ii) December 31, 2011, in the case of any other 
     individual.''.
       (e) Credit Made Available to Tax-exempt Employers in 
     Certain Circumstances.--
       (1) In general.--Subsection (c) of section 52 of the 
     Internal Revenue Code of 1986 is amended--
       (A) by inserting ``(1) In general.--'' before ``No 
     credit'', and
       (B) by adding at the end the following new paragraph:
       ``(2) Credit Made Available to Qualified Tax-exempt 
     Employers Employing Qualified Veterans.--In the case of a 
     qualified tax-exempt employer (as defined in section 
     3111(e)(3)(A)), the credit otherwise allowed under this 
     section by reason of subsection (d)(3) shall be allowed under 
     section 3111(e) and not under this section.''.
       (2) Credit allowable.--Section 3111 of such Code is amended 
     by adding at the end the following new subsection:
       ``(e) Credit for Employment of Qualified Veterans.--
       ``(1) In general.--If a qualified tax-exempt employer hires 
     a qualified veteran with respect to whom a credit would be 
     allowable under section 51 if the employer were not a 
     qualified tax-exempt employer, then there shall be allowed as 
     a credit against the tax imposed by subsection (a) on wages 
     paid with respect to employment of all employees of the 
     employer during the applicable period an amount equal to the 
     lesser of--
       ``(A) the credit which would be so allowable under section 
     51 with respect to wages paid to such qualified veteran 
     during such period, or
       ``(B) the amount of the tax imposed by subsection (a) on 
     wages paid with respect to employment of all employees of the 
     employer during such period.
       ``(2) Applicable period.--The term `applicable period' 
     means, with respect to any qualified veteran, the 1-year 
     period beginning with the day such qualified veteran begins 
     work for the employer.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) the term `qualified tax-exempt employer' means an 
     employer that is an organization described in section 501(c) 
     and exempt from taxation under section 501(a), and
       ``(B) the term `qualified veteran' has meaning given such 
     term by section 51(d)(3).
       ``(4) Limitation.--This subsection shall apply only with 
     respect to wages paid to a qualified veteran for services in 
     furtherance of the activities related to the purpose or 
     function constituting the basis of the employer's exemption 
     under section 501.''.
       (3) Transfers to federal old-age and survivors insurance 
     trust fund.--There are hereby appropriated to the Federal 
     Old-Age and Survivors Trust Fund and the Federal Disability 
     Insurance Trust Fund established under section 201 of the 
     Social Security Act (42 U.S.C. 401) amounts equal to the 
     reduction in revenues to the Treasury by reason of the 
     amendments made by paragraphs (1) and (2). Amounts 
     appropriated by the preceding sentence shall be transferred 
     from the general fund at such times and in such manner as to 
     replicate to the extent possible the transfers which would 
     have occurred to such Trust Fund had such amendments not been 
     enacted.
       (f) Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possessions.--The Secretary of the Treasury 
     shall pay to each possession of the United States with a 
     mirror code tax system amounts equal to the loss to that 
     possession by reason of the amendments made by this section. 
     Such amounts shall be determined by the Secretary of the 
     Treasury based on information provided by the government of 
     the respective possession of the United States.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits that would have been provided to taxpayers of the 
     possession by reason of the amendments made by this section 
     if a mirror code tax system had been in effect in such 
     possession. The preceding sentence shall not apply with 
     respect to any possession of the United States unless such 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payments to the taxpayers of such 
     possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes for any taxable year under the amendments 
     made by this section to section 51 or section 3111 of the 
     Internal Revenue Code of 1986 to any person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession of the United States by reason of the 
     amendments made by this section for such taxable year, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B) with respect to such taxable year.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes American Samoa, Guam, the Commonwealth of the 
     Northern Mariana Islands, the Commonwealth of Puerto Rico, 
     and the United States Virgin Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 52(c)(2) 
     of the Internal Revenue Code of 1986 (as added by this 
     section).
       (g) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 262. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS 
                   COVERED BY MEDICAID PLANS FOR SERVICES 
                   FURNISHED BY NURSING FACILITIES.

       Section 5503(d)(7) of title 38, United States Code, is 
     amended by striking ``May 31, 2015'' and inserting 
     ``September 30, 2016''.

     SEC. 263. REIMBURSEMENT RATE FOR AMBULANCE SERVICES.

       Section 111(b)(3) of title 38, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) In the case of transportation of a person under 
     subparagraph (B) by ambulance, the Secretary may pay the 
     provider of the transportation the lesser of the actual 
     charge for the transportation or the amount determined by the 
     fee schedule established under section 1834(l) of the Social 
     Security Act (42 U.S.C. 1395(l)) unless the Secretary has 
     entered into a contract for that transportation with the 
     provider.''.

     SEC. 264. EXTENSION OF AUTHORITY FOR SECRETARY OF VETERANS 
                   AFFAIRS TO OBTAIN INFORMATION FROM SECRETARY OF 
                   TREASURY AND COMMISSIONER OF SOCIAL SECURITY 
                   FOR INCOME VERIFICATION PURPOSES.

       Section 5317(g) of title 38, United States Code, is amended 
     by striking ``September 30, 2011'' and inserting ``September 
     30, 2016''.

     SEC. 265. MODIFICATION OF LOAN GUARANTY FEE FOR CERTAIN 
                   SUBSEQUENT LOANS.

       (a) In General.--Section 3729(b)(2) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (A)--
       (A) in clause (iii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (B) in clause (iv), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016'';
       (B) by striking clauses (ii) and (iii);
       (C) by redesignating clause (iv) as clause (ii); and
       (D) in clause (ii), as redesignated by subparagraph (C), by 
     striking ``October 1, 2013'' and inserting ``October 1, 
     2016'';
       (3) in subparagraph (C)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and

[[Page S7202]]

       (B) in clause (ii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (4) in subparagraph (D)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (B) in clause (ii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the later of--
       (1) November 18, 2011; or
       (2) the date of the enactment of this Act.

        TITLE III--OTHER PROVISIONS RELATING TO FEDERAL VENDORS

     SEC. 301. ONE HUNDRED PERCENT LEVY FOR PAYMENTS TO FEDERAL 
                   VENDORS RELATING TO PROPERTY.

       (a) In General.--Section 6331(h)(3) of the Internal Revenue 
     Code of 1986 is amended by striking ``goods or services'' and 
     inserting ``property, goods, or services''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to levies issued after the date of the enactment 
     of this Act.

     SEC. 302. STUDY AND REPORT ON REDUCING THE AMOUNT OF THE TAX 
                   GAP OWED BY FEDERAL CONTRACTORS.

       (a) Study.--
       (1) In general.--The Secretary of the Treasury, or the 
     Secretary's delegate, in consultation with the Director of 
     the Office of Management and Budget and the heads of such 
     other Federal agencies as the Secretary determines 
     appropriate, shall conduct a study on ways to reduce the 
     amount of Federal tax owed but not paid by persons submitting 
     bids or proposals for the procurement of property or services 
     by the Federal government.
       (2) Matters studied.--The study conducted under paragraph 
     (1) shall include the following matters:
       (A) An estimate of the amount of delinquent taxes owed by 
     Federal contractors.
       (B) The extent to which the requirement that persons 
     submitting bids or proposals certify whether such persons 
     have delinquent tax debts has--
       (i) improved tax compliance; and
       (ii) been a factor in Federal agency decisions not to enter 
     into or renew contracts with such contractors.
       (C) In cases in which Federal agencies continue to contract 
     with persons who report having delinquent tax debt, the 
     factors taken into consideration in awarding such contracts.
       (D) The degree of the success of the Federal lien and levy 
     system in recouping delinquent Federal taxes from Federal 
     contractors.
       (E) The number of persons who have been suspended or 
     debarred because of a delinquent tax debt over the past 3 
     years.
       (F) An estimate of the extent to which the subcontractors 
     under Federal contracts have delinquent tax debt.
       (G) The Federal agencies which have most frequently awarded 
     contracts to persons notwithstanding any certification by 
     such person that the person has delinquent tax debt.
       (H) Recommendations on ways to better identify Federal 
     contractors with delinquent tax debts.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to the Committee on Ways and Means of the House of 
     Representatives, the Committee on Finance of the Senate, the 
     Committee on Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Government Affairs of the Senate, a report on the study 
     conducted under subsection (a), together with any legislative 
     recommendations.

TITLE IV--MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED GROSS INCOME 
         FOR DETERMINING CERTAIN HEALTHCARE PROGRAM ELIGIBILITY

     SEC. 401. MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED 
                   GROSS INCOME FOR DETERMINING CERTAIN HEALTHCARE 
                   PROGRAM ELIGIBILITY.

       (a) In General.--Subparagraph (B) of section 36B(d)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``and'' at the end of clause (i), by striking the period at 
     the end of clause (ii) and inserting ``, and'', and by adding 
     at the end the following new clause:
       ``(iii) an amount equal to the portion of the taxpayer's 
     social security benefits (as defined in section 86(d)) which 
     is not included in gross income under section 86 for the 
     taxable year.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       (c) No Impact on Social Security Trust Funds.--
       (1) Estimate of secretary.--The Secretary of the Treasury, 
     or the Secretary's delegate, shall annually estimate the 
     impact that the amendments made by subsection (a) have on the 
     income and balances of the trust funds established under 
     section 201 of the Social Security Act (42 U.S.C. 401).
       (2) Transfer of funds.--If, under paragraph (1), the 
     Secretary of the Treasury or the Secretary's delegate 
     estimates that such amendments have a negative impact on the 
     income and balances of such trust funds, the Secretary shall 
     transfer, not less frequently than quarterly, from the 
     general fund an amount sufficient so as to ensure that the 
     income and balances of such trust funds are not reduced as a 
     result of such amendments.

                       TITLE V--BUDGETARY EFFECTS

     SEC. 501. STATUTORY PAY-AS-YOU-GO ACT OF 2010.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 928. Mr. McCAIN (for himself, Mr. Barrasso, Mr. Blunt, Mr. 
Boozman, Mr. Burr, Mr. Chambliss, Mr. Coats, Mr. Cochran, Mr. Cornyn, 
Mr. Crapo, Mr. DeMint, Mr. Enzi, Mr. Graham, Mr. Grassley, Mr. Hatch, 
Mr. Heller, Mr. Hoeven, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. 
Johanns, Mr. Johnson of Wisconsin, Mr. Kirk, Mr. Lee, Mr. Lugar, Mr. 
McConnell, Mr. Moran, Mr. Paul, Mr. Portman, Mr. Risch, Mr. Roberts, 
Mr. Rubio, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr. Toomey, Mr. Vitter, 
and Mr. Wicker) submitted an amendment intended to be proposed to 
amendment SA 927 proposed by Mr. Reid (for Mr. Tester (for himself, 
Mrs. Murray, Mr. Baucus, Ms. Stabenow, Mr. Brown of Ohio, Mr. Reid, Mr. 
Akaka, Ms. Cantwell, Mr. Leahy, Mr. Casey, Mr. Coons, Mr. Menendez, Mr. 
Kerry, Mr. Lautenberg, Mr. Merkley, Mr. Sanders, Mrs. Shaheen, Mr. 
Bennet, Mr. Webb, Mr. Begich, Ms. Landrieu, Mr. Schumer, and Mr. Brown 
of Massachusetts)) to the bill H.R. 674, to amend the Internal Revenue 
Code of 1986 to repeal the imposition of 3 percent withholding on 
certain payments made to vendors by government entities, to modify the 
calculation of modified adjusted gross income for purposes of 
determining eligibility for certain healthcare-related programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment add the following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Jobs 
     Through Growth Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

                      DIVISION A--SPENDING REFORM

         TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

Sec. 1101. Balanced Budget Amendment to the Constitution.

                TITLE II--ENHANCED RESCISSION AUTHORITY

Sec. 1201. Purposes.
Sec. 1202. Rescissions of funding.
Sec. 1203. Technical and conforming amendments.
Sec. 1204. Amendments to Part A of the Impoundment Control Act.
Sec. 1205. Expiration.

                         DIVISION B--TAX REFORM

         TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSES

Sec. 2101. Tax Reform for Families and Small Businesses.

                   TITLE II--TAX REFORM FOR EMPLOYERS

Sec. 2201. Reduction in corporate income tax rates and reform of 
              business tax.

             TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011

Sec. 2301. Short title.
Sec. 2302. Repeal of imposition of withholding on certain payments made 
              to vendors by government entities.
Sec. 2303. Rescission of unspent federal funds to offset loss in 
              revenues.

                     DIVISION C--REGULATION REFORM

         TITLE I--REPEALING THE JOB-KILLING HEALTH CARE LAW ACT

Sec. 3101. Repeal of the job-killing health care law and health care-
              related provisions in the Health Care and Education 
              Reconciliation Act of 2010.
Sec. 3102. Budgetary effects of this subtitle.

          TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011

Sec. 3201. Short title.
Sec. 3202. Findings and purpose.
Sec. 3203. Definitions.
Sec. 3204. Encouraging speedy resolution of claims.
Sec. 3205. Compensating patient injury.
Sec. 3206. Maximizing patient recovery.
Sec. 3207. Additional health benefits.
Sec. 3208. Punitive damages.
Sec. 3209. Authorization of payment of future damages to claimants in 
              health care lawsuits.
Sec. 3210. Effect on other laws.
Sec. 3211. State flexibility and protection of states' rights.
Sec. 3212. Applicability; effective date.

                  TITLE III--FINANCIAL TAKEOVER REPEAL

Sec. 3301. Repeal.

[[Page S7203]]

  TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS 
                                  ACT)

Sec. 3401. Short title.
Sec. 3402. Findings and purpose.
Sec. 3403. Congressional review of agency rulemaking.

        TITLE V--REGULATION MORATORIUM AND JOBS PRESERVATION ACT

Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Significant regulatory actions.
Sec. 3504. Waivers.
Sec. 3505. Judicial review.

  TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND 
                      ONEROUS MANDATES ACT OF 2011

Sec. 3601. Short title.
Sec. 3602. Findings.
Sec. 3603. Including indirect economic impact in small entity analyses.
Sec. 3604. Judicial review to allow small entities to challenge 
              proposed regulations.
Sec. 3605. Periodic review.
Sec. 3606. Requiring small business review panels for additional 
              agencies.
Sec. 3607. Expanding the Regulatory Flexibility Act to agency guidance 
              documents.
Sec. 3608. Requiring the Internal Revenue Service to consider small 
              entity impact.
Sec. 3609. Reporting on enforcement actions relating to small entities.
Sec. 3610. Requiring more detailed small entity analyses.
Sec. 3611. Ensuring that agencies consider small entity impact during 
              the rulemaking process.
Sec. 3612. Additional powers of the Office of Advocacy.
Sec. 3613. Funding and offsets.
Sec. 3614. Technical and conforming amendments.

            TITLE VII--UNFUNDED MANDATES ACCOUNTABILITY ACT

Sec. 3701. Short title.
Sec. 3702. Findings.
Sec. 3703. Regulatory impact analyses for certain rules.
Sec. 3704. Least burdensome option or explanation required.
Sec. 3705. Inclusion of application to independent regulatory agencies.
Sec. 3706. Judicial review.
Sec. 3707. Effective date.

             TITLE VIII--GOVERNMENT LITIGATION SAVINGS ACT

Sec. 3801. Short title.
Sec. 3802. Modification of Equal Access to Justice provisions.
Sec. 3803. GAO study.

              TITLE IX--EMPLOYMENT PROTECTION ACT OF 2011

Sec. 3901. Short title.
Sec. 3902. Impacts of EPA regulatory activity on employment and 
              economic activity.

              TITLE X--FARM DUST REGULATION PREVENTION ACT

Sec. 3931. Short title.
Sec. 3932. Nuisance dust.
Sec. 3933. Temporary prohibition against revising any national ambient 
              air quality standard applicable to coarse particulate 
              matter.

            TITLE XI--NATIONAL LABOR RELATIONS BOARD REFORM

Sec. 3951. Short title.
Sec. 3952. Authority of the NLRB.
Sec. 3953. Retroactivity.

          TITLE XII--GOVERNMENT NEUTRALITY IN CONTRACTING ACT

Sec. 3971. Short title.
Sec. 3972. Purposes.
Sec. 3973. Preservation of open competition and Federal Government 
              neutrality.

          TITLE XIII--FINANCIAL REGULATORY RESPONSIBILITY ACT

Sec. 3981. Short title.
Sec. 3982. Definitions.
Sec. 3983. Required regulatory analysis.
Sec. 3984. Rule of construction.
Sec. 3985. Public availability of data and regulatory analysis.
Sec. 3986. Five-year regulatory impact analysis.
Sec. 3987. Retrospective review of existing rules.
Sec. 3988. Judicial review.
Sec. 3989. Chief Economists Council.
Sec. 3990. Conforming amendments.
Sec. 3991. Other regulatory entities.
Sec. 3992. Avoidance of duplicative or unnecessary analyses.
Sec. 3993. Severability.

        TITLE XIV--REGULATORY RESPONSIBILITY FOR OUR ECONOMY ACT

Sec. 3994. Short title.
Sec. 3995. Definitions.
Sec. 3996. Agency requirements.
Sec. 3997. Public participation.
Sec. 3998. Integration and innovation.
Sec. 3999. Flexible approaches.
Sec. 3999A. Science.
Sec. 3999B. Retrospective analyses of existing rules.

               TITLE XV--REDUCING REGULATORY BURDENS ACT

Sec. 3999C. Short title.
Sec. 3999D. Use of authorized pesticides.
Sec. 3999E. Discharges of pesticides.

               DIVISION D--DOMESTIC ENERGY JOB PROMOTION

   TITLE I--DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT REDUCTION ACT

Sec. 4101. Short title.

              Subtitle A--Outer Continental Shelf Leasing

Sec. 4111. Leasing program considered approved.
Sec. 4112. Lease sales.
Sec. 4113. Applications for permits to drill.
Sec. 4114. Lease sales for certain areas.

                  Subtitle B--Regulatory Streamlining

Sec. 4131. Commercial leasing program for oil shale resources on public 
              land.
Sec. 4132. Jurisdiction over covered energy projects.
Sec. 4133. Environmental impact statements.
Sec. 4134. Clean air regulation.
Sec. 4135. Employment effects of actions under Clean Air Act.
Sec. 4136. Endangered species.
Sec. 4137. Reissuance of permits and leases.
Sec. 4138. Central Valley Project.
Sec. 4139. Beaufort Sea oil drilling project.
Sec. 4140. Environmental legal fees.

                TITLE II--JOBS AND ENERGY PERMITTING ACT

Sec. 4201. Short title.
Sec. 4202. Air quality measurement.
Sec. 4203. Outer Continental Shelf source.
Sec. 4204. Permits.

            TITLE III--AMERICAN ENERGY AND WESTERN JOBS ACT

Sec. 4301. Short title.
Sec. 4302. Rescission of certain instruction memoranda.
Sec. 4303. Amendments to the Mineral Leasing Act.
Sec. 4304. Annual report on revenues generated from multiple use of 
              public land.
Sec. 4305. Federal onshore oil and natural gas production goal.
Sec. 4306. Oil shale.

                  TITLE IV--MINING JOBS PROTECTION ACT

Sec. 4401. Short title.
Sec. 4402. Permits for dredged or fill material.
Sec. 4403. Review of permits.

                   TITLE V--ENERGY TAX PREVENTION ACT

Sec. 4501. Short title.
Sec. 4502. No regulation of emissions of greenhouse gases.
Sec. 4503. Preserving one national standard for automobiles.

TITLE VI--REPEAL RESTRICTIONS ON GOVERNMENT USE OF DOMESTIC ALTERNATIVE 
                                 FUELS

Sec. 4601. Repeal of unnecessary barrier to domestic fuel production.

                TITLE VII--PUBLIC LANDS JOB CREATION ACT

Sec. 4701. Short title.
Sec. 4702. Review of certain Federal Register Notices.

                      DIVISION E--EXPORT PROMOTION

Sec. 5001. Short title.
Sec. 5002. Renewal of trade promotion authority.
Sec. 5003. Modification of standard for provisions that may be included 
              in implementing bills.

                      DIVISION A--SPENDING REFORM

         TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

     SEC. 1101. BALANCED BUDGET AMENDMENT TO THE CONSTITUTION.

       It is the sense of Congress that S.J. Res 10 should be 
     passed and submitted to the states for ratification not later 
     than 90 days after the date of enactment of this Act.

                TITLE II--ENHANCED RESCISSION AUTHORITY

     SEC. 1201. PURPOSES.

       The purpose of this title is to create an optional fast-
     track procedure the President may use when submitting 
     rescission requests, which would lead to an up-or-down vote 
     by Congress on the President's package of rescissions, 
     without amendment.

     SEC. 1202. RESCISSIONS OF FUNDING.

       The Impoundment Control Act of 1974 is amended by striking 
     part C and inserting the following:

       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

     ``SEC. 1021. APPLICABILITY AND DISCLAIMER.

       ``The rules, procedures, requirements, and definitions in 
     this part apply only to executive and legislative actions 
     explicitly taken under this part. They do not apply to 
     actions taken under part B or to other executive and 
     legislative actions not taken under this part.

     ``SEC. 1022. DEFINITIONS.

       ``In this part:
       ``(1) The terms `appropriations Act', `budget authority', 
     and `new budget authority' have the same meanings as in 
     section 3 of the Congressional Budget Act of 1974.
       ``(2) The terms `account', `current year', `CBO', and `OMB' 
     have the same meanings as in section 250 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 as in effect 
     on September 30, 2002.
       ``(3) The term `days of session' shall be calculated by 
     excluding weekends and national holidays. Any day during 
     which a chamber of Congress is not in session shall not be 
     counted as a day of session of that chamber. Any day during 
     which neither chamber is in session shall not be counted as a 
     day of session of Congress.
       ``(4) The term `entitlement law' means the statutory 
     mandate or requirement of the United States to incur a 
     financial obligation

[[Page S7204]]

     unless that obligation is explicitly conditioned on the 
     appropriation in subsequent legislation of sufficient funds 
     for that purpose, and the Supplemental Nutrition Assistance 
     Program.
       ``(5) The term `funding' refers to new budget authority and 
     obligation limits except to the extent that the funding is 
     provided for entitlement law.
       ``(6) The term `rescind' means to eliminate or reduce the 
     amount of enacted funding.
       ``(7) The terms `withhold' and `withholding' apply to any 
     executive action or inaction that precludes the obligation of 
     funding at a time when it would otherwise have been available 
     to an agency for obligation. The terms do not include 
     administrative or preparatory actions undertaken prior to 
     obligation in the normal course of implementing budget laws.

     ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

       ``(a) Timing.--If the President proposes that Congress 
     rescind funding under the procedures in this part, OMB shall 
     transmit a message to Congress containing the information 
     specified in section 1024, and the message transmitting the 
     proposal shall be sent to Congress not later than 45 calendar 
     days after the date of enactment of the funding.
       ``(b) Packaging and Transmittal of Requested Rescissions.--
     Except as provided in subsection (c), for each piece of 
     legislation that provides funding, the President shall 
     request at most 1 package of rescissions and the rescissions 
     in that package shall apply only to funding contained in that 
     legislation. OMB shall deliver each message requesting a 
     package of rescissions to the Secretary of the Senate if the 
     Senate is not in session and to the Clerk of the House of 
     Representatives if the House is not in session. OMB shall 
     make a copy of the transmittal message publicly available, 
     and shall publish in the Federal Register a notice of the 
     message and information on how it can be obtained.
       ``(c) Special Packaging Rules.--After enactment of--
       ``(1) a joint resolution making continuing appropriations;
       ``(2) a supplemental appropriations bill; or
       ``(3) an omnibus appropriations bill;
     covering some or all of the activities customarily funded in 
     more than 1 regular appropriations bill, the President may 
     propose as many as 2 packages rescinding funding contained in 
     that legislation, each within the 45-day period specified in 
     subsection (a). OMB shall not include the same rescission in 
     both packages, and, if the President requests the rescission 
     of more than one discrete amount of funding under the 
     jurisdiction of a single subcommittee, OMB shall include each 
     of those discrete amounts in the same package.

     ``SEC. 1024. REQUESTS TO RESCIND FUNDING.

       ``For each request to rescind funding under this part, the 
     transmittal message shall--
       ``(1) specify--
       ``(A) the dollar amount to be rescinded;
       ``(B) the agency, bureau, and account from which the 
     rescission shall occur;
       ``(C) the program, project, or activity within the account 
     (if applicable) from which the rescission shall occur;
       ``(D) the amount of funding, if any, that would remain for 
     the account, program, project, or activity if the rescission 
     request is enacted; and
       ``(E) the reasons the President requests the rescission;
       ``(2) designate each separate rescission request by number; 
     and
       ``(3) include proposed legislative language to accomplish 
     the requested rescissions which may not include--
       ``(A) any changes in existing law, other than the 
     rescission of funding; or
       ``(B) any supplemental appropriations, transfers, or 
     reprogrammings.

     ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL 
                   AUTHORITY.

       ``(a) Presidential Authority To Withhold Funding.--
     Notwithstanding any other provision of law and if the 
     President proposes a rescission of funding under this part, 
     OMB may, subject to the time limits provided in subsection 
     (c), temporarily withhold that funding from obligation.
       ``(b) Expedited Procedures Available Only Once Per Bill.--
     The President may not invoke the procedures of this part, or 
     the authority to withhold funding granted by subsection (a), 
     on more than 1 occasion for any Act providing funding.
       ``(c) Time Limits.--OMB shall make available for obligation 
     any funding withheld under subsection (a) on the earliest 
     of--
       ``(1) the day on which the President determines that the 
     continued withholding or reduction no longer advances the 
     purpose of legislative consideration of the rescission 
     request;
       ``(2) starting from the day on which OMB transmitted a 
     message to Congress requesting the rescission of funding, 25 
     calendar days in which the House of Representatives has been 
     in session or 25 calendar days in which the Senate has been 
     in session, whichever occurs second; or
       ``(3) the last day after which the obligation of the 
     funding in question can no longer be fully accomplished in a 
     prudent manner before its expiration.
       ``(d) Deficit Reduction.--
       ``(1) In general.--Funds that are rescinded under this part 
     shall be dedicated only to reducing the deficit or increasing 
     the surplus.
       ``(2) Adjustment of levels in the concurrent resolution on 
     the budget.--Not later than 5 days after the date of 
     enactment of an approval bill as provided under this part, 
     the chairs of the Committees on the Budget of the Senate and 
     the House of Representatives shall revise allocations and 
     aggregates and other appropriate levels under the appropriate 
     concurrent resolution on the budget to reflect the repeal or 
     cancellation, and the applicable committees shall report 
     revised suballocations pursuant to section 302(b), as 
     appropriate.

     ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION 
                   REQUESTS.

       ``(a) Preparation of Legislation To Consider a Package of 
     Expedited Rescission Requests.--
       ``(1) In general.--If the House of Representatives receives 
     a package of expedited rescission requests, the Clerk shall 
     prepare a House bill that only rescinds the amounts requested 
     which shall read as follows:
       `` `There are enacted the rescissions numbered [insert 
     number or numbers] as set forth in the Presidential message 
     of [insert date] transmitted under part C of the Impoundment 
     Control Act of 1974 as amended.'
       ``(2) Exclusion procedure.--The Clerk shall include in the 
     bill each numbered rescission request listed in the 
     Presidential package in question, except that the Clerk shall 
     omit a numbered rescission request if the Chairman of the 
     Committee on the Budget of the House, after consulting with 
     the Chairman of the Committee on the Budget of the Senate, 
     CBO, GAO, and the House and Senate committees that have 
     jurisdiction over the funding, determines that the numbered 
     rescission does not refer to funding or includes matter not 
     permitted under a request to rescind funding.
       ``(b) Introduction and Referral of Legislation To Enact a 
     Package of Expedited Rescissions.--The majority leader or the 
     minority leader of the House or Representatives, or a 
     designee, shall (by request) introduce each bill prepared 
     under subsection (a) not later than 4 days of session of the 
     House after its transmittal, or, if no such bill is 
     introduced within that period, any member of the House may 
     introduce the required bill in the required form on the fifth 
     or sixth day of session of the House after its transmittal. 
     If such an expedited rescission bill is introduced in 
     accordance with the preceding sentence, it shall be referred 
     to the House committee of jurisdiction. A copy of the 
     introduced House bill shall be transmitted to the Secretary 
     of the Senate, who shall provide it to the Senate committee 
     of jurisdiction.
       ``(c) House Report and Consideration of Legislation To 
     Enact a Package of Expedited Rescissions.--The House 
     committee of jurisdiction shall report without amendment the 
     bill referred to it under subsection (b) not more than 5 days 
     of session of the House after the referral. The committee may 
     order the bill reported favorably, unfavorably, or without 
     recommendation. If the committee has not reported the bill by 
     the end of the 5-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(d) House Motion To Proceed.--
       ``(1) In general.--After a bill to enact an expedited 
     rescission package has been reported or the committee of 
     jurisdiction has been discharged under subsection (c), it 
     shall be in order to move to proceed to consider the bill in 
     the House. A Member who wishes to move to proceed to 
     consideration of the bill shall announce that fact, and the 
     motion to proceed shall be in order only during a time 
     designated by the Speaker within the legislative schedule for 
     the next calendar day of legislative session or the one 
     immediately following it.
       ``(2) Failure to set time.--If the Speaker does not 
     designate a time under paragraph (1), 3 or more calendar days 
     of legislative session after the bill has been reported or 
     discharged, it shall be in order for any Member to move to 
     proceed to consider the bill.
       ``(3) Procedure.--A motion to proceed under this subsection 
     shall not be in order after the House has disposed of a prior 
     motion to proceed with respect to that package of expedited 
     rescissions. The previous question shall be considered as 
     ordered on the motion to proceed, without intervening motion. 
     A motion to reconsider the vote by which the motion to 
     proceed has been disposed of shall not be in order.
       ``(4) Removal from calendar.--If 5 calendar days of 
     legislative session have passed since the bill was reported 
     or discharged under this subsection and no Member has made a 
     motion to proceed, the bill shall be removed from the 
     calendar.
       ``(e) House Consideration.--
       ``(1) Considered as read.--A bill consisting of a package 
     of rescissions under this part shall be considered as read.
       ``(2) Points of order.--All points of order against the 
     bill are waived, except that a point of order may be made 
     that 1 or more numbered rescissions included in the bill 
     would enact language containing matter not requested by the 
     President or not permitted under this part as part of that 
     package. If the Presiding Officer sustains such a point of 
     order, the numbered rescission or rescissions that would 
     enact such language are deemed to be automatically stripped 
     from the bill and consideration proceeds on the bill as 
     modified.
       ``(3) Previous question.--The previous question shall be 
     considered as ordered on the bill to its passage without 
     intervening motion, except that 4 hours of debate equally 
     divided and controlled by a proponent and an opponent are 
     allowed, as well as 1 motion to further limit debate on the 
     bill.

[[Page S7205]]

       ``(4) Motion to reconsider.--A motion to reconsider the 
     vote on passage of the bill shall not be in order.
       ``(f) Senate Consideration.--
       ``(1) Referral.--If the House of Representatives approves a 
     House bill enacting a package of rescissions, that bill as 
     passed by the House shall be sent to the Senate and referred 
     to the Senate committee of jurisdiction.
       ``(2) Committee action.--The committee of jurisdiction 
     shall report without amendment the bill referred to it under 
     this subsection not later than 3 days of session of the 
     Senate after the referral. The committee may order the bill 
     reported favorably, unfavorably, or without recommendation.
       ``(3) Discharge.--If the committee has not reported the 
     bill by the end of the 3-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(4) Motion to proceed.--On the following day and for 3 
     subsequent calendar days in which the Senate is in session, 
     it shall be in order for any Senator to move to proceed to 
     consider the bill in the Senate. Upon such a motion being 
     made, it shall be deemed to have been agreed to and the 
     motion to reconsider shall be deemed to have been laid on the 
     table.
       ``(5) Debate.--Debate on the bill in the Senate under this 
     subsection, and all debatable motions and appeals in 
     connection therewith, shall not exceed 10 hours, equally 
     divided and controlled in the usual form. Debate in the 
     Senate on any debatable motion or appeal in connection with 
     such a bill shall be limited to not more than 1 hour, to be 
     equally divided and controlled in the usual form. A motion to 
     further limit debate on such a bill is not debatable.
       ``(6) Motions not in order.--A motion to amend such a bill 
     or strike a provision from it is not in order. A motion to 
     recommit such a bill is not in order.
       ``(g) Senate Point of Order.--It shall not be in order 
     under this part for the Senate to consider a bill approved by 
     the House enacting a package of rescissions under this part 
     if any numbered rescission in the bill would enact matter not 
     requested by the President or not permitted under this Act as 
     part of that package. If a point of order under this 
     subsection is sustained, the bill may not be considered under 
     this part.''.

     SEC. 1203. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Table of Contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     striking the matter for part C of title X and inserting the 
     following:

       ``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.

       (b) Temporary Withholding.--Section 1013(c) of the 
     Impoundment Control Act of 1974 is amended by striking 
     ``section 1012'' and inserting ``section 1012 or section 
     1025''.
       (c) Rulemaking.--
       (1) 904(a).--Section 904(a) of the Congressional Budget Act 
     of 1974 is amended by striking ``and 1017'' and inserting 
     ``1017, and 1026''.
       (2) 904(d)(1).--Section 904(d)(1) of the Congressional 
     Budget Act of 1974 is amended by striking ``1017'' and 
     inserting ``1017 or 1026''.

     SEC. 1204. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL 
                   ACT.

       (a) In General.--Part A of the Impoundment Control Act of 
     1974 is amended by inserting at the end the following:

     ``SEC. 1002. SEVERABILITY.

       ``If the judicial branch of the United States finally 
     determines that 1 or more of the provisions of parts B or C 
     violate the Constitution of the United States, the remaining 
     provisions of those parts shall continue in effect.''.
       (b) Table of Contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     inserting at the end of the matter for part A of title X the 
     following:

``Sec. 1002. Severability.''.

     SEC. 1205. EXPIRATION.

       Part C of the Impoundment Control Act of 1974 (as amended 
     by this Act) shall expire on December 31, 2015.

                         DIVISION B--TAX REFORM

         TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSES

     SEC. 2101. TAX REFORM FOR FAMILIES AND SMALL BUSINESSES.

       (a) In General.--The Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives shall report legislation that will lower, 
     consolidate, and simplify the individual income tax system, 
     with not more than 3 tax rates, the highest being 25 percent. 
     Such legislation shall be reported not later than 60 days 
     after the date of the enactment of this Act and shall be 
     revenue neutral as scored by the Joint Committee on Taxation 
     using a current policy baseline.
       (b) Legislation Goals.--Such reported legislation shall be 
     required to achieve the following:
       (1) Reduced tax liability.--Lower the overall tax burden 
     for the majority of American individual taxpayers.
       (2) Simplification.--Close tax loopholes and eliminate 
     frivolous deductions and certain tax credits, at the 
     discretion of each Committee, in order to reduce tax   
     expenditures and simplify the tax code.
       (3) Consolidation.--Provide necessary changes in order to 
     consolidate the individual income tax system consistent with 
     the tax rates specified in subsection (a).
       (4) Standard deduction and personal exemptions.--Revise the 
     amount provided for the standard deduction and personal 
     exemptions in conjunction with the elimination of certain 
     deductions and credits in order to reduce the overall tax 
     liability of the majority of American individual taxpayers.   

       (c) Additional Changes.--Such Committees shall include in 
     such legislation any further changes to the individual income 
     tax system in order to ensure tax reductions and 
     simplifications consistent with the goals of this Act.

                   TITLE II--TAX REFORM FOR EMPLOYERS

     SEC. 2201. REDUCTION IN CORPORATE INCOME TAX RATES AND REFORM 
                   OF BUSINESS TAX.

       (a) In General.--The Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives shall report legislation that will lower, 
     consolidate, and simplify the corporate income tax system, 
     with a top tax rate of 25 percent and a consolidation of the 
     system into 2 tax rates. Such legislation shall be reported 
     not later than 60 days after the date of the enactment of 
     this Act and shall be revenue neutral as scored by the Joint 
     Committee on Taxation using a current policy baseline.
       (b) Legislation Goals.--Such reported legislation shall be 
     required to achieve the following:
       (1) Reduced tax liability.--Lower the overall tax rates for 
     American corporations and businesses.
       (2) Simplification.--Close tax loopholes and eliminate 
     industry specific deductions and certain tax credits, 
     including the elimination of industry specific taxes, at the 
     discretion of each Committee, in order to reduce tax   
     expenditures and simplify the tax code.
       (3) Territorial tax system.--Establishment of a territorial 
     tax system, including strong incentives to repatriate 
     overseas capital, in lieu of the current worldwide tax 
     system.
       (4) Consolidation.--Provide necessary changes in order to 
     consolidate the corporate income tax system with a total of 
     two tax rates, the top tax rate of 25 percent and a lower tax 
     rate as determined by the Committees as specified in 
     subsection (a).
       (c) Additional Changes.--Such Committees shall include in 
     such legislation any further changes to the corporate income 
     tax system in order to ensure tax reductions and 
     simplifications consistent with the goals of this Act.

             TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011

     SEC. 2301. SHORT TITLE.

       This title may be cited as the ``Withholding Tax Relief Act 
     of 2011''.

     SEC. 2302. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN 
                   PAYMENTS MADE TO VENDORS BY GOVERNMENT 
                   ENTITIES.

       The amendment made by section 511 of the Tax Increase 
     Prevention and Reconciliation Act of 2005 is repealed and the 
     Internal Revenue Code of 1986 shall be applied as if such 
     amendment had never been enacted.

     SEC. 2303. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS 
                   IN REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $39,000,000,000 in 
     appropriated discretionary funds are hereby permanently 
     rescinded.
       (b) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under subsection (a) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (c) Exception.--This section shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.

                     DIVISION C--REGULATION REFORM

         TITLE I--REPEALING THE JOB-KILLING HEALTH CARE LAW ACT

     SEC. 3101. REPEAL OF THE JOB-KILLING HEALTH CARE LAW AND 
                   HEALTH CARE-RELATED PROVISIONS IN THE HEALTH 
                   CARE AND EDUCATION RECONCILIATION ACT OF 2010.

       (a) Job-Killing Health Care Law.--Effective as of the 
     enactment of Public Law 111-148, such Act is repealed, and 
     the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
       (b) Health Care-Related Provisions in the Health Care and 
     Education Reconciliation Act of 2010.--Effective as of the 
     enactment of the Health Care and Education Reconciliation Act 
     of 2010 (Public Law 111-152), title I and subtitle B of title 
     II of such Act are repealed, and the provisions of law

[[Page S7206]]

     amended or repealed by such title or subtitle, respectively, 
     are restored or revived as if such title and subtitle had not 
     been enacted.

     SEC. 3102. BUDGETARY EFFECTS OF THIS SUBTITLE.

       The budgetary effects of this title, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this title, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Committee on the Budget of the House of 
     Representatives, as long as such statement has been submitted 
     prior to the vote on passage of this title.

          TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011

     SEC. 3201. SHORT TITLE.

       This title may be cited as the ``Medical Care Access 
     Protection Act of 2011'' or the ``MCAP Act''.

     SEC. 3202. FINDINGS AND PURPOSE.

       (a) Findings.--
       (1) Effect on health care access and costs.--Congress finds 
     that our current civil justice system is adversely affecting 
     patient access to health care services, better patient care, 
     and cost-efficient health care, in that the health care 
     liability system is a costly and ineffective mechanism for 
     resolving claims of health care liability and compensating 
     injured patients, and is a deterrent to the sharing of 
     information among health care professionals which impedes 
     efforts to improve patient safety and quality of care.
       (2) Effect on interstate commerce.--Congress finds that the 
     health care and insurance industries are industries affecting 
     interstate commerce and the health care liability litigation 
     systems existing throughout the United States are activities 
     that affect interstate commerce by contributing to the high 
     costs of health care and premiums for health care liability 
     insurance purchased by health care system providers.
       (3) Effect on federal spending.--Congress finds that the 
     health care liability litigation systems existing throughout 
     the United States have a significant effect on the amount, 
     distribution, and use of Federal funds because of--
       (A) the large number of individuals who receive health care 
     benefits under programs operated or financed by the Federal 
     Government;
       (B) the large number of individuals who benefit because of 
     the exclusion from Federal taxes of the amounts spent to 
     provide them with health insurance benefits; and
       (C) the large number of health care providers who provide 
     items or services for which the Federal Government makes 
     payments.
       (b) Purpose.--It is the purpose of this title is to 
     implement reasonable, comprehensive, and effective health 
     care liability reforms designed to--
       (1) improve the availability of health care services in 
     cases in which health care liability actions have been shown 
     to be a factor in the decreased availability of services;
       (2) reduce the incidence of ``defensive medicine'' and 
     lower the cost of health care liability insurance, all of 
     which contribute to the escalation of health care costs;
       (3) ensure that persons with meritorious health care injury 
     claims receive fair and adequate compensation, including 
     reasonable noneconomic damages;
       (4) improve the fairness and cost-effectiveness of our 
     current health care liability system to resolve disputes 
     over, and provide compensation for, health care liability by 
     reducing uncertainty in the amount of compensation provided 
     to injured individuals; and
       (5) provide an increased sharing of information in the 
     health care system which will reduce unintended injury and 
     improve patient care.

     SEC. 3203. DEFINITIONS.

       In this title:
       (1) Alternative dispute resolution system; adr.--The term 
     ``alternative dispute resolution system'' or ``ADR'' means a 
     system that provides for the resolution of health care 
     lawsuits in a manner other than through a civil action 
     brought in a State or Federal court.
       (2) Claimant.--The term ``claimant'' means any person who 
     brings a health care lawsuit, including a person who asserts 
     or claims a right to legal or equitable contribution, 
     indemnity or subrogation, arising out of a health care 
     liability claim or action, and any person on whose behalf 
     such a claim is asserted or such an action is brought, 
     whether deceased, incompetent, or a minor.
       (3) Collateral source benefits.--The term ``collateral 
     source benefits'' means any amount paid or reasonably likely 
     to be paid in the future to or on behalf of the claimant, or 
     any service, product or other benefit provided or reasonably 
     likely to be provided in the future to or on behalf of the 
     claimant, as a result of the injury or wrongful death, 
     pursuant to--
       (A) any State or Federal health, sickness, income-
     disability, accident, or workers' compensation law;
       (B) any health, sickness, income-disability, or accident 
     insurance that provides health benefits or income-disability 
     coverage;
       (C) any contract or agreement of any group, organization, 
     partnership, or corporation to provide, pay for, or reimburse 
     the cost of medical, hospital, dental, or income disability 
     benefits; and
       (D) any other publicly or privately funded program.
       (4) Compensatory damages.--The term ``compensatory 
     damages'' means objectively verifiable monetary losses 
     incurred as a result of the provision of, use of, or payment 
     for (or failure to provide, use, or pay for) health care 
     services or medical products, such as past and future medical 
     expenses, loss of past and future earnings, cost of obtaining 
     domestic services, loss of employment, and loss of business 
     or employment opportunities, damages for physical and 
     emotional pain, suffering, inconvenience, physical 
     impairment, mental anguish, disfigurement, loss of enjoyment 
     of life, loss of society and companionship, loss of 
     consortium (other than loss of domestic service), hedonic 
     damages, injury to reputation, and all other nonpecuniary 
     losses of any kind or nature. Such term includes economic 
     damages and noneconomic damages, as such terms are defined in 
     this section.
       (5) Contingent fee.--The term ``contingent fee'' includes 
     all compensation to any person or persons which is payable 
     only if a recovery is effected on behalf of one or more 
     claimants.
       (6) Economic damages.--The term ``economic damages'' means 
     objectively verifiable monetary losses incurred as a result 
     of the provision of, use of, or payment for (or failure to 
     provide, use, or pay for) health care services or medical 
     products, such as past and future medical expenses, loss of 
     past and future earnings, cost of obtaining domestic 
     services, loss of employment, and loss of business or 
     employment opportunities.
       (7) Health care goods or services.--The term ``health care 
     goods or services'' means any goods or services provided by a 
     health care institution, provider, or by any individual 
     working under the supervision of a health care provider, that 
     relates to the diagnosis, prevention, care, or treatment of 
     any human disease or impairment, or the assessment of the 
     health of human beings.
       (8) Health care institution.--The term ``health care 
     institution'' means any entity licensed under Federal or 
     State law to provide health care services (including but not 
     limited to ambulatory surgical centers, assisted living 
     facilities, emergency medical services providers, hospices, 
     hospitals and hospital systems, nursing homes, or other 
     entities licensed to provide such services).
       (9) Health care lawsuit.--The term ``health care lawsuit'' 
     means any health care liability claim concerning the 
     provision of health care goods or services affecting 
     interstate commerce, or any health care liability action 
     concerning the provision of (or the failure to provide) 
     health care goods or services affecting interstate commerce, 
     brought in a State or Federal court or pursuant to an 
     alternative dispute resolution system, against a health care 
     provider or a health care institution regardless of the 
     theory of liability on which the claim is based, or the 
     number of claimants, plaintiffs, defendants, or other 
     parties, or the number of claims or causes of action, in 
     which the claimant alleges a health care liability claim.
       (10) Health care liability action.--The term ``health care 
     liability action'' means a civil action brought in a State or 
     Federal Court or pursuant to an alternative dispute 
     resolution system, against a health care provider or a health 
     care institution regardless of the theory of liability on 
     which the claim is based, or the number of plaintiffs, 
     defendants, or other parties, or the number of causes of 
     action, in which the claimant alleges a health care liability 
     claim.
       (11) Health care liability claim.--The term ``health care 
     liability claim'' means a demand by any person, whether or 
     not pursuant to ADR, against a health care provider or health 
     care institution, including third-party claims, cross-claims, 
     counter-claims, or contribution claims, which are based upon 
     the provision of, use of, or payment for (or the failure to 
     provide, use, or pay for) health care services, regardless of 
     the theory of liability on which the claim is based, or the 
     number of plaintiffs, defendants, or other parties, or the 
     number of causes of action.
       (12) Health care provider.--
       (A) In general.--The term ``health care provider'' means 
     any person (including but not limited to a physician (as 
     defined by section 1861(r) of the Social Security Act (42 
     U.S.C. 1395x(r)), registered nurse, dentist, podiatrist, 
     pharmacist, chiropractor, or optometrist) required by State 
     or Federal law to be licensed, registered, or certified to 
     provide health care services, and being either so licensed, 
     registered, or certified, or exempted from such requirement 
     by other statute or regulation.
       (B) Treatment of certain professional associations.--For 
     purposes of this Act, a professional association that is 
     organized under State law by an individual physician or group 
     of physicians, a partnership or limited liability partnership 
     formed by a group of physicians, a nonprofit health 
     corporation certified under State law, or a company formed by 
     a group of physicians under State law shall be treated as a 
     health care provider under subparagraph (A).
       (13) Malicious intent to injure.--The term ``malicious 
     intent to injure'' means intentionally causing or attempting 
     to cause physical injury other than providing health care 
     goods or services.
       (14) Noneconomic damages.--The term ``noneconomic damages'' 
     means damages for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss

[[Page S7207]]

     of consortium (other than loss of domestic service), hedonic 
     damages, injury to reputation, and all other nonpecuniary 
     losses of any kind or nature.
       (15) Punitive damages.--The term ``punitive damages'' means 
     damages awarded, for the purpose of punishment or deterrence, 
     and not solely for compensatory purposes, against a health 
     care provider or health care institution. Punitive damages 
     are neither economic nor noneconomic damages.
       (16) Recovery.--The term ``recovery'' means the net sum 
     recovered after deducting any disbursements or costs incurred 
     in connection with prosecution or settlement of the claim, 
     including all costs paid or advanced by any person. Costs of 
     health care incurred by the plaintiff and the attorneys' 
     office overhead costs or charges for legal services are not 
     deductible disbursements or costs for such purpose.
       (17) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the Northern 
     Mariana Islands, the Trust Territory of the Pacific Islands, 
     and any other territory or possession of the United States, 
     or any political subdivision thereof.

     SEC. 3204. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

       (a) In General.--Except as otherwise provided for in this 
     section, the time for the commencement of a health care 
     lawsuit shall be 3 years after the date of manifestation of 
     injury or 1 year after the claimant discovers, or through the 
     use of reasonable diligence should have discovered, the 
     injury, whichever occurs first.
       (b) General Exception.--The time for the commencement of a 
     health care lawsuit shall not exceed 3 years after the date 
     of manifestation of injury unless the tolling of time was 
     delayed as a result of--
       (1) fraud;
       (2) intentional concealment; or
       (3) the presence of a foreign body, which has no 
     therapeutic or diagnostic purpose or effect, in the person of 
     the injured person.
       (c) Minors.--An action by a minor shall be commenced within 
     3 years from the date of the alleged manifestation of injury 
     except that if such minor is under the full age of 6 years, 
     such action shall be commenced within 3 years of the 
     manifestation of injury, or prior to the eighth birthday of 
     the minor, whichever provides a longer period. Such time 
     limitation shall be tolled for minors for any period during 
     which a parent or guardian and a health care provider or 
     health care institution have committed fraud or collusion in 
     the failure to bring an action on behalf of the injured 
     minor.
       (d) Rule 11 Sanctions.--Whenever a Federal or State court 
     determines (whether by motion of the parties or whether on 
     the motion of the court) that there has been a violation of 
     Rule 11 of the Federal Rules of Civil Procedure (or a similar 
     violation of applicable State court rules) in a health care 
     liability action to which this Act applies, the court shall 
     impose upon the attorneys, law firms, or pro se litigants 
     that have violated Rule 11 or are responsible for the 
     violation, an appropriate sanction, which shall include an 
     order to pay the other party or parties for the reasonable 
     expenses incurred as a direct result of the filing of the 
     pleading, motion, or other paper that is the subject of the 
     violation, including a reasonable attorneys' fee. Such 
     sanction shall be sufficient to deter repetition of such 
     conduct or comparable conduct by others similarly situated, 
     and to compensate the party or parties injured by such 
     conduct.

     SEC. 3205. COMPENSATING PATIENT INJURY.

       (a) Unlimited Amount of Damages for Actual Economic Losses 
     in Health Care Lawsuits.--In any health care lawsuit, nothing 
     in this Act shall limit the recovery by a claimant of the 
     full amount of the available economic damages, 
     notwithstanding the limitation contained in subsection (b).
       (b) Additional Noneconomic Damages.--
       (1) Health care providers.--In any health care lawsuit 
     where final judgment is rendered against a health care 
     provider, the amount of noneconomic damages recovered from 
     the provider, if otherwise available under applicable Federal 
     or State law, may be as much as $250,000, regardless of the 
     number of parties other than a health care institution 
     against whom the action is brought or the number of separate 
     claims or actions brought with respect to the same 
     occurrence.
       (2) Health care institutions.--
       (A) Single institution.--In any health care lawsuit where 
     final judgment is rendered against a single health care 
     institution, the amount of noneconomic damages recovered from 
     the institution, if otherwise available under applicable 
     Federal or State law, may be as much as $250,000, regardless 
     of the number of parties against whom the action is brought 
     or the number of separate claims or actions brought with 
     respect to the same occurrence.
       (B) Multiple institutions.--In any health care lawsuit 
     where final judgment is rendered against more than one health 
     care institution, the amount of noneconomic damages recovered 
     from each institution, if otherwise available under 
     applicable Federal or State law, may be as much as $250,000, 
     regardless of the number of parties against whom the action 
     is brought or the number of separate claims or actions 
     brought with respect to the same occurrence, except that the 
     total amount recovered from all such institutions in such 
     lawsuit shall not exceed $500,000.
       (c) No Discount of Award for Noneconomic Damages.--In any 
     health care lawsuit--
       (1) an award for future noneconomic damages shall not be 
     discounted to present value;
       (2) the jury shall not be informed about the maximum award 
     for noneconomic damages under subsection (b);
       (3) an award for noneconomic damages in excess of the 
     limitations provided for in subsection (b) shall be reduced 
     either before the entry of judgment, or by amendment of the 
     judgment after entry of judgment, and such reduction shall be 
     made before accounting for any other reduction in damages 
     required by law; and
       (4) if separate awards are rendered for past and future 
     noneconomic damages and the combined awards exceed the 
     limitations described in subsection (b), the future 
     noneconomic damages shall be reduced first.
       (d) Fair Share Rule.--In any health care lawsuit, each 
     party shall be liable for that party's several share of any 
     damages only and not for the share of any other person. Each 
     party shall be liable only for the amount of damages 
     allocated to such party in direct proportion to such party's 
     percentage of responsibility. A separate judgment shall be 
     rendered against each such party for the amount allocated to 
     such party. For purposes of this section, the trier of fact 
     shall determine the proportion of responsibility of each 
     party for the claimant's harm.

     SEC. 3206. MAXIMIZING PATIENT RECOVERY.

       (a) Court Supervision of Share of Damages Actually Paid to 
     Claimants.--
       (1) In general.--In any health care lawsuit, the court 
     shall supervise the arrangements for payment of damages to 
     protect against conflicts of interest that may have the 
     effect of reducing the amount of damages awarded that are 
     actually paid to claimants.
       (2) Contingency fees.--
       (A) In general.--In any health care lawsuit in which the 
     attorney for a party claims a financial stake in the outcome 
     by virtue of a contingent fee, the court shall have the power 
     to restrict the payment of a claimant's damage recovery to 
     such attorney, and to redirect such damages to the claimant 
     based upon the interests of justice and principles of equity.
       (B) Limitation.--The total of all contingent fees for 
     representing all claimants in a health care lawsuit shall not 
     exceed the following limits:
       (i) Forty percent of the first $50,000 recovered by the 
     claimant(s).
       (ii) Thirty-three and one-third percent of the next $50,000 
     recovered by the claimant(s).
       (iii) Twenty-five percent of the next $500,000 recovered by 
     the claimant(s).
       (iv) Fifteen percent of any amount by which the recovery by 
     the claimant(s) is in excess of $600,000.
       (b) Applicability.--
       (1) In general.--The limitations in subsection (a) shall 
     apply whether the recovery is by judgment, settlement, 
     mediation, arbitration, or any other form of alternative 
     dispute resolution.
       (2) Minors.--In a health care lawsuit involving a minor or 
     incompetent person, a court retains the authority to 
     authorize or approve a fee that is less than the maximum 
     permitted under this section.
       (c) Expert Witnesses.--
       (1) Requirement.--No individual shall be qualified to 
     testify as an expert witness concerning issues of negligence 
     in any health care lawsuit against a defendant unless such 
     individual--
       (A) except as required under paragraph (2), is a health 
     care professional who--
       (i) is appropriately credentialed or licensed in 1 or more 
     States to deliver health care services; and
       (ii) typically treats the diagnosis or condition or 
     provides the type of treatment under review; and
       (B) can demonstrate by competent evidence that, as a result 
     of training, education, knowledge, and experience in the 
     evaluation, diagnosis, and treatment of the disease or injury 
     which is the subject matter of the lawsuit against the 
     defendant, the individual was substantially familiar with 
     applicable standards of care and practice as they relate to 
     the act or omission which is the subject of the lawsuit on 
     the date of the incident.
       (2) Physician review.--In a health care lawsuit, if the 
     claim of the plaintiff involved treatment that is recommended 
     or provided by a physician (allopathic or osteopathic), an 
     individual shall not be qualified to be an expert witness 
     under this subsection with respect to issues of negligence 
     concerning such treatment unless such individual is a 
     physician.
       (3) Specialties and subspecialties.--With respect to a 
     lawsuit described in paragraph (1), a court shall not permit 
     an expert in one medical specialty or subspecialty to testify 
     against a defendant in another medical specialty or 
     subspecialty unless, in addition to a showing of substantial 
     familiarity in accordance with paragraph (1)(B), there is a 
     showing that the standards of care and practice in the two 
     specialty or subspecialty fields are similar.
       (4) Limitation.--The limitations in this subsection shall 
     not apply to expert witnesses testifying as to the degree or 
     permanency of medical or physical impairment.

     SEC. 3207. ADDITIONAL HEALTH BENEFITS.

       (a) In General.--The amount of any damages received by a 
     claimant in any health care lawsuit shall be reduced by the 
     court by the amount of any collateral source benefits

[[Page S7208]]

     to which the claimant is entitled, less any insurance 
     premiums or other payments made by the claimant (or by the 
     spouse, parent, child, or legal guardian of the claimant) to 
     obtain or secure such benefits.
       (b) Preservation of Current Law.--Where a payor of 
     collateral source benefits has a right of recovery by 
     reimbursement or subrogation and such right is permitted 
     under Federal or State law, subsection (a) shall not apply.
       (c) Application of Provision.--This section shall apply to 
     any health care lawsuit that is settled or resolved by a fact 
     finder.

     SEC. 3208. PUNITIVE DAMAGES.

       (a) Punitive Damages Permitted.--
       (1) In general.--Punitive damages may, if otherwise 
     available under applicable State or Federal law, be awarded 
     against any person in a health care lawsuit only if it is 
     proven by clear and convincing evidence that such person 
     acted with malicious intent to injure the claimant, or that 
     such person deliberately failed to avoid unnecessary injury 
     that such person knew the claimant was substantially certain 
     to suffer.
       (2) Filing of lawsuit.--No demand for punitive damages 
     shall be included in a health care lawsuit as initially 
     filed. A court may allow a claimant to file an amended 
     pleading for punitive damages only upon a motion by the 
     claimant and after a finding by the court, upon review of 
     supporting and opposing affidavits or after a hearing, after 
     weighing the evidence, that the claimant has established by a 
     substantial probability that the claimant will prevail on the 
     claim for punitive damages.
       (3) Separate proceeding.--At the request of any party in a 
     health care lawsuit, the trier of fact shall consider in a 
     separate proceeding--
       (A) whether punitive damages are to be awarded and the 
     amount of such award; and
       (B) the amount of punitive damages following a 
     determination of punitive liability.
     If a separate proceeding is requested, evidence relevant only 
     to the claim for punitive damages, as determined by 
     applicable State law, shall be inadmissible in any proceeding 
     to determine whether compensatory damages are to be awarded.
       (4) Limitation where no compensatory damages are awarded.--
     In any health care lawsuit where no judgment for compensatory 
     damages is rendered against a person, no punitive damages may 
     be awarded with respect to the claim in such lawsuit against 
     such person.
       (b) Determining Amount of Punitive Damages.--
       (1) Factors considered.--In determining the amount of 
     punitive damages under this section, the trier of fact shall 
     consider only the following:
       (A) the severity of the harm caused by the conduct of such 
     party;
       (B) the duration of the conduct or any concealment of it by 
     such party;
       (C) the profitability of the conduct to such party;
       (D) the number of products sold or medical procedures 
     rendered for compensation, as the case may be, by such party, 
     of the kind causing the harm complained of by the claimant;
       (E) any criminal penalties imposed on such party, as a 
     result of the conduct complained of by the claimant; and
       (F) the amount of any civil fines assessed against such 
     party as a result of the conduct complained of by the 
     claimant.
       (2) Maximum award.--The amount of punitive damages awarded 
     in a health care lawsuit may not exceed an amount equal to 
     two times the amount of economic damages awarded in the 
     lawsuit or $250,000, whichever is greater. The jury shall not 
     be informed of the limitation under the preceding sentence.
       (c) Liability of Health Care Providers.--
       (1) In general.--A health care provider who prescribes, or 
     who dispenses pursuant to a prescription, a drug, biological 
     product, or medical device approved by the Food and Drug 
     Administration, for an approved indication of the drug, 
     biological product, or medical device, shall not be named as 
     a party to a product liability lawsuit invoking such drug, 
     biological product, or medical device and shall not be liable 
     to a claimant in a class action lawsuit against the 
     manufacturer, distributor, or product seller of such drug, 
     biological product, or medical device.
       (2) Medical product.--The term ``medical product'' means a 
     drug or device intended for humans. The terms ``drug'' and 
     ``device'' have the meanings given such terms in sections 
     201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic 
     Act (21 U.S.C. 321), respectively, including any component or 
     raw material used therein, but excluding health care 
     services.

     SEC. 3209. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO 
                   CLAIMANTS IN HEALTH CARE LAWSUITS.

       (a) In General.--In any health care lawsuit, if an award of 
     future damages, without reduction to present value, equaling 
     or exceeding $50,000 is made against a party with sufficient 
     insurance or other assets to fund a periodic payment of such 
     a judgment, the court shall, at the request of any party, 
     enter a judgment ordering that the future damages be paid by 
     periodic payments in accordance with the Uniform Periodic 
     Payment of Judgments Act promulgated by the National 
     Conference of Commissioners on Uniform State Laws.
       (b) Applicability.--This section applies to all actions 
     which have not been first set for trial or retrial before the 
     effective date of this Act.

     SEC. 3210. EFFECT ON OTHER LAWS.

       (a) General Vaccine Injury.--
       (1) In general.--To the extent that title XXI of the Public 
     Health Service Act establishes a Federal rule of law 
     applicable to a civil action brought for a vaccine-related 
     injury or death--
       (A) this Act shall not affect the application of the rule 
     of law to such an action; and
       (B) any rule of law prescribed by this Act in conflict with 
     a rule of law of such title XXI shall not apply to such 
     action.
       (2) Exception.--If there is an aspect of a civil action 
     brought for a vaccine-related injury or death to which a 
     Federal rule of law under title XXI of the Public Health 
     Service Act does not apply, then this Act or otherwise 
     applicable law (as determined under this Act) will apply to 
     such aspect of such action.
       (b) Smallpox Vaccine Injury.--
       (1) In general.--To the extent that part C of title II of 
     the Public Health Service Act establishes a Federal rule of 
     law applicable to a civil action brought for a smallpox 
     vaccine-related injury or death--
       (A) this Act shall not affect the application of the rule 
     of law to such an action; and
       (B) any rule of law prescribed by this Act in conflict with 
     a rule of law of such part C shall not apply to such action.
       (2) Exception.--If there is an aspect of a civil action 
     brought for a smallpox vaccine-related injury or death to 
     which a Federal rule of law under part C of title II of the 
     Public Health Service Act does not apply, then this Act or 
     otherwise applicable law (as determined under this Act) will 
     apply to such aspect of such action.
       (c) Other Federal Law.--Except as provided in this section, 
     nothing in this Act shall be deemed to affect any defense 
     available, or any limitation on liability that applies to, a 
     defendant in a health care lawsuit or action under any other 
     provision of Federal law.

     SEC. 3211. STATE FLEXIBILITY AND PROTECTION OF STATES' 
                   RIGHTS.

       (a) Health Care Lawsuits.--The provisions governing health 
     care lawsuits set forth in this Act shall preempt, subject to 
     subsections (b) and (c), State law to the extent that State 
     law prevents the application of any provisions of law 
     established by or under this Act. The provisions governing 
     health care lawsuits set forth in this Act supersede chapter 
     171 of title 28, United States Code, to the extent that such 
     chapter--
       (1) provides for a greater amount of damages or contingent 
     fees, a longer period in which a health care lawsuit may be 
     commenced, or a reduced applicability or scope of periodic 
     payment of future damages, than provided in this Act; or
       (2) prohibits the introduction of evidence regarding 
     collateral source benefits.
       (b) Preemption of Certain State Laws.--No provision of this 
     Act shall be construed to preempt any State law (whether 
     effective before, on, or after the date of the enactment of 
     this Act) that specifies a particular monetary amount of 
     compensatory or punitive damages (or the total amount of 
     damages) that may be awarded in a health care lawsuit, 
     regardless of whether such monetary amount is greater or 
     lesser than is provided for under this Act, notwithstanding 
     section 5(a).
       (c) Protection of State's Rights and Other Laws.--
       (1) In general.--Any issue that is not governed by a 
     provision of law established by or under this Act (including 
     the State standards of negligence) shall be governed by 
     otherwise applicable Federal or State law.
       (2) Rule of construction.--Nothing in this Act shall be 
     construed to--
       (A) preempt or supersede any Federal or State law that 
     imposes greater procedural or substantive protections (such 
     as a shorter statute of limitations) for a health care 
     provider or health care institution from liability, loss, or 
     damages than those provided by this Act;
       (B) preempt or supercede any State law that permits and 
     provides for the enforcement of any arbitration agreement 
     related to a health care liability claim whether enacted 
     prior to or after the date of enactment of this Act;
       (C) create a cause of action that is not otherwise 
     available under Federal or State law; or
       (D) affect the scope of preemption of any other Federal 
     law.

     SEC. 3212. APPLICABILITY; EFFECTIVE DATE.

       This title shall apply to any health care lawsuit brought 
     in a Federal or State court, or subject to an alternative 
     dispute resolution system, that is initiated on or after the 
     date of the enactment of this Act, except that any health 
     care lawsuit arising from an injury occurring prior to the 
     date of enactment of this title shall be governed by the 
     applicable statute of limitations provisions in effect at the 
     time the injury occurred.

                  TITLE III--FINANCIAL TAKEOVER REPEAL

     SEC. 3301. REPEAL.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203) is repealed, and the provisions of 
     law amended by such Act are revived or restored as if such 
     Act had not been enacted.

  TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS 
                                  ACT)

     SEC. 3401. SHORT TITLE.

       This title may be cited as ``REINS Act''.

     SEC. 3402. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:

[[Page S7209]]

       (1) Section 1 of article I of the United States 
     Constitution grants all legislative powers to Congress.
       (2) Over time, Congress has excessively delegated its 
     constitutional charge while failing to conduct appropriate 
     oversight and retain accountability for the content of the 
     laws it passes.
       (3) By requiring a vote in Congress, this Act will result 
     in more carefully drafted and detailed legislation, an 
     improved regulatory process, and a legislative branch that is 
     truly accountable to the people of the United States for the 
     laws imposed upon them.
       (b) Purpose.--The purpose of this Act is to increase 
     accountability for and transparency in the Federal regulatory 
     process.

     SEC. 3403. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Chapter 8 of title 5, United States Code, is amended to 
     read as follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within sections 804(2)(A), 804(2)(B), and 
     804(2)(C);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       ``(v) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions pursuant to title 5 of the 
     United States Code, sections 603, 604, 605, 607, and 609;
       ``(iii) the agency's actions pursuant to title 2 of the 
     United States Code, sections 1532, 1533, 1534, and 1535; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date 
     as provided in section 802(b)(2). The report of the 
     Comptroller General shall include an assessment of the 
     agency's compliance with procedural steps required by 
     paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.
       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in section 801(a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days, or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day, or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,

     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced on or 
     after the date on which the report referred to in section 
     801(a)(1)(A) is received by Congress (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: `That Congress approves the rule 
     submitted by the _ _ relating to _ _.' (The blank spaces 
     being appropriately filled in).
       ``(1) In the House, the majority leader of the House of 
     Representatives (or his designee) and the minority leader of 
     the House of Representatives (or his designee) shall 
     introduce such joint resolution described in subsection (a) 
     (by request), within 3 legislative days after Congress 
     receives the report referred to in section 801(a)(1)(A).
       ``(2) In the Senate, the majority leader of the Senate (or 
     his designee) and the minority leader of the Senate (or his 
     designee) shall introduce such joint resolution described in 
     subsection (a) (by request), within 3 session days after 
     Congress receives the report referred to in section 
     801(a)(1)(A).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction under the rules of the House of 
     Representatives or the Senate to report a bill to amend the 
     provision of law under which the rule is issued.
       ``(2) For purposes of this section, the term `submission 
     date' means the date on which the Congress receives the 
     report submitted under section 801(a)(1).
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be

[[Page S7210]]

     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e)(1) In the House of Representatives, if the committee 
     or committees to which a joint resolution described in 
     subsection (a) has been referred have not reported it at the 
     end of 15 legislative days after its introduction, such 
     committee or committees shall be automatically discharged 
     from further consideration of the resolution and it shall be 
     placed on the appropriate calendar. A vote on final passage 
     of the resolution shall be taken on or before the close of 
     the 15th legislative day after the resolution is reported by 
     the committee or committees to which it was referred, or 
     after such committee or committees have been discharged from 
     further consideration of the resolution.
       ``(2)(A) A motion in the House of Representatives to 
     proceed to the consideration of a resolution shall be 
     privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       ``(B) Debate in the House of Representatives on a 
     resolution shall be limited to not more than two hours, which 
     shall be divided equally between those favoring and those 
     opposing the resolution. A motion to further limit debate 
     shall not be debatable. No amendment to, or motion to 
     recommit, the resolution shall be in order. It shall not be 
     in order to reconsider the vote by which a resolution is 
     agreed to or disagreed to.
       ``(C) Motions to postpone, made in the House of 
     Representatives with respect to the consideration of a 
     resolution, and motions to proceed to the consideration of 
     other business, shall be decided without debate.
       ``(D) All appeals from the decisions of the Chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to a resolution 
     shall be decided without debate.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply with respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(1) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(2) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(g) The enactment of a resolution of approval does not 
     serve as a grant or modification of statutory authority by 
     Congress for the promulgation of a rule, does not extinguish 
     or affect any claim, whether substantive or procedural, 
     against any alleged defect in a rule, and shall not form part 
     of the record before the court in any judicial proceeding 
     concerning a rule.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``Sec. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     _ _ relating to _ _, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(2) For purposes of this section, the term `submission or 
     publication date' means the later of the date on which--
       ``(A) the Congress receives the report submitted under 
     section 801(a)(1); or
       ``(B) the nonmajor rule is published in the Federal 
     Register, if so published.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date, or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1);
       ``(2) the term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       ``(A) an annual effect on the economy of $100,000,000 or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets;
       ``(3) the term `nonmajor rule' means any rule that is not a 
     major rule; and
       ``(4) the term `rule' has the meaning given such term in 
     section 551, except that such term does not include--
       ``(A) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(B) any rule relating to agency management or personnel; 
     or
       ``(C) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal

[[Page S7211]]

     agency has completed the necessary requirements under this 
     chapter for a rule to take effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,

     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.

        TITLE V--REGULATION MORATORIUM AND JOBS PRESERVATION ACT

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Regulation Moratorium and 
     Jobs Preservation Act''.

     SEC. 3502. DEFINITIONS.

       In this title--
       (1) the term ``agency'' has the meaning given under section 
     3502(1) of title 44, United States Code;
       (2) the term ``regulatory action'' means any substantive 
     action by an agency that promulgates or is expected to lead 
     to the promulgation of a final regulation, including notices 
     of inquiry, advance notices of proposed rulemaking, and 
     notices of proposed rulemaking;
       (3) the term ``significant regulatory action'' means any 
     regulatory action that is likely to result in a rule or 
     guidance that may--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, small entities, or 
     State, local, or tribal governments or communities;
       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raise novel legal or policy issues; and
       (4) the term ``small entities'' has the meaning given under 
     section 601(6) of title 5, United States Code.

     SEC. 3503. SIGNIFICANT REGULATORY ACTIONS.

       (a) In General.--No agency may take any significant 
     regulatory action, until the Bureau of Labor Statistics 
     average of monthly unemployment rates for any quarter 
     beginning after the date of enactment of this Act is equal to 
     or less than 7.7 percent.
       (b) Determination.--The Secretary of Labor shall submit a 
     report to the Director of the Office of Management and Budget 
     whenever the Secretary determines that the Bureau of Labor 
     Statistics average of monthly unemployment rates for any 
     quarter beginning after the date of enactment of this Act is 
     equal to or less than 7.7 percent.

     SEC. 3504. WAIVERS.

       (a) National Security or National Emergency.--The President 
     may waive the application of section 3 to any significant 
     regulatory action, if the President--
       (1) determines that the waiver is necessary on the basis of 
     national security or a national emergency; and
       (2) submits notification to Congress of that waiver and the 
     reasons for that waiver.
       (b) Additional Waivers.--
       (1) Submission.--The President may submit a request to 
     Congress for a waiver of the application of section 3 to any 
     significant regulatory action.
       (2) Contents.--A submission under this subsection shall 
     include--
       (A) an identification of the significant regulatory action; 
     and
       (B) the reasons which necessitate a waiver for that 
     significant regulatory action.
       (3) Congressional action.--Congress shall give expeditious 
     consideration and take appropriate legislative action with 
     respect to any waiver request submitted under this 
     subsection.

     SEC. 3505. JUDICIAL REVIEW.

       (a) Definition.--In this section, the term ``small 
     business'' means any business, including an unincorporated 
     business or a sole proprietorship, that employs not more than 
     500 employees or that has a net worth of less than $7,000,000 
     on the date a civil action arising under this Act is filed.
       (b) Review.--Any person that is adversely affected or 
     aggrieved by any significant regulatory action in violation 
     of this Act is entitled to judicial review in accordance with 
     chapter 7 of title 5, United States Code.
       (c) Jurisdiction.--Each court having jurisdiction to review 
     any significant regulatory action for compliance with any 
     other provision of law shall have jurisdiction to review all 
     claims under this Act.
       (d) Relief.--In granting any relief in any civil action 
     under this section, the court shall order the agency to take 
     corrective action consistent with this Act and chapter 7 of 
     title 5, United States Code, including remanding the 
     significant regulatory action to the agency and enjoining the 
     application or enforcement of that significant regulatory 
     action, unless the court finds by a preponderance of the 
     evidence that application or enforcement is required to 
     protect against an imminent and serious threat to the 
     national security from persons or states engaged in hostile 
     or military activities against the United States.
       (e) Reasonable Attorney Fees for Small Businesses.--The 
     court shall award reasonable attorney fees and costs to a 
     substantially prevailing small business in any civil action 
     arising under this Act. A party qualifies as substantially 
     prevailing even without obtaining a final judgment in its 
     favor if the agency changes its position as a result of the 
     civil action.
       (f) Limitation on Commencing Civil Action.--A person may 
     seek and obtain judicial review during the 1-year period 
     beginning on the date of the challenged agency action or 
     within 90 days after an enforcement action or notice thereof, 
     except that where another provision of law requires that a 
     civil action be commenced before the expiration of that 1-
     year period, such lesser period shall apply.

  TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND 
                      ONEROUS MANDATES ACT OF 2011

     SEC. 3601. SHORT TITLE.

       This title may be cited as the ``Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 
     2011''.

     SEC. 3602. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.
       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities and the 
     ability of small entities to compete and create new jobs in a 
     global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,750,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 36 
     percent more per employee than larger firms in annual 
     regulatory compliance costs.
       (6) All agencies in the Federal Government should fully 
     consider the costs, including indirect economic impacts and 
     the potential for job loss, of proposed rules, periodically 
     review existing regulations to determine their impact on 
     small entities, and repeal regulations that are unnecessarily 
     duplicative or have outlived their stated purpose.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     loss.

     SEC. 3603. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY 
                   ANALYSES.

       Section 601 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) the economic effects on small entities directly 
     regulated by the rule; and
       ``(B) the reasonably foreseeable economic effects of the 
     rule on small entities that--
       ``(i) purchase products or services from, sell products or 
     services to, or otherwise conduct business with entities 
     directly regulated by the rule;
       ``(ii) are directly regulated by other governmental 
     entities as a result of the rule; or
       ``(iii) are not directly regulated by the agency as a 
     result of the rule but are otherwise subject to other agency 
     regulations as a result of the rule.''.

     SEC. 3604. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO 
                   CHALLENGE PROPOSED REGULATIONS.

       Section 611(a) of title 5, United States Code, is amended--
       (1) in paragraph (1), by inserting ``603,'' after ``601,'';
       (2) in paragraph (2), by inserting ``603,'' after ``601,'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) A small entity may seek such review during the 1-year 
     period beginning on the date of final agency action, except 
     that--
       ``(A) if a provision of law requires that an action 
     challenging a final agency action be commenced before the 
     expiration of 1 year, the lesser period shall apply to an 
     action for judicial review under this section; and
       ``(B) in the case of noncompliance with section 603 or 
     605(b), a small entity may seek judicial review of agency 
     compliance with such section before the close of the public 
     comment period.''; and
       (4) in paragraph (4)--
       (A) in subparagraph (A), by striking ``, and'' and 
     inserting a semicolon;

[[Page S7212]]

       (B) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) issuing an injunction prohibiting an agency from 
     taking any agency action with respect to a rulemaking until 
     that agency is in compliance with the requirements of section 
     603 or 605.''.

     SEC. 3605. PERIODIC REVIEW.

       Section 610 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 610. Periodic review of rules

       ``(a)(1) Not later than 180 days after the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011, each agency shall 
     establish a plan for the periodic review of--
       ``(A) each rule issued by the agency that the head of the 
     agency determines has a significant economic impact on a 
     substantial number of small entities, without regard to 
     whether the agency performed an analysis under section 604 
     with respect to the rule; and
       ``(B) any small entity compliance guide required to be 
     published by the agency under section 212 of the Small 
     Business Regulatory Enforcement Fairness Act of 1996 (5 
     U.S.C. 601 note).
       ``(2) In reviewing rules and small entity compliance guides 
     under paragraph (1), the agency shall determine whether the 
     rules and guides should--
       ``(A) be amended or rescinded, consistent with the stated 
     objectives of applicable statutes, to minimize any 
     significant adverse economic impacts on a substantial number 
     of small entities (including an estimate of any adverse 
     impacts on job creation and employment by small entities); or
       ``(B) continue in effect without change.
       ``(3) Each agency shall publish the plan established under 
     paragraph (1) in the Federal Register and on the Web site of 
     the agency.
       ``(4) An agency may amend the plan established under 
     paragraph (1) at any time by publishing the amendment in the 
     Federal Register and on the Web site of the agency.
       ``(b) Each plan established under subsection (a) shall 
     provide for--
       ``(1) the review of each rule and small entity compliance 
     guide described in subsection (a)(1) in effect on the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011--
       ``(A) not later than 9 years after the date of publication 
     of the plan in the Federal Register; and
       ``(B) every 9 years thereafter; and
       ``(2) the review of each rule adopted and small entity 
     compliance guide described in subsection (a)(1) that is 
     published after the date of enactment of the Freedom from 
     Restrictive Excessive Executive Demands and Onerous Mandates 
     Act of 2011--
       ``(A) not later than 9 years after the publication of the 
     final rule in the Federal Register; and
       ``(B) every 9 years thereafter.
       ``(c) In reviewing rules under the plan required under 
     subsection (a), the agency shall consider--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints received by the agency from 
     small entities concerning the rule;
       ``(3) comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy of the Small Business 
     Administration;
       ``(4) the complexity of the rule;
       ``(5) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State and local 
     rules;
       ``(6) the contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such a calculation cannot be made;
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the economic impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;
       ``(B) the estimated number of small entity jobs that will 
     be lost or created due to the rule; and
       ``(C) the projected reporting, recordkeeping, and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(d)(1) Each agency shall submit an annual report 
     regarding the results of the review required under subsection 
     (a) to--
       ``(A) Congress; and
       ``(B) in the case of an agency that is not an independent 
     regulatory agency (as defined in section 3502(5) of title 
     44), the Administrator of the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget.
       ``(2) Each report required under paragraph (1) shall 
     include a description of any rule or guide with respect to 
     which the agency made a determination of infeasibility under 
     paragraph (5) or (6) of subsection (c), together with a 
     detailed explanation of the reasons for the determination.
       ``(e) Each agency shall publish in the Federal Register and 
     on the Web site of the agency a list of the rules and small 
     entity compliance guides to be reviewed under the plan 
     required under subsection (a) that includes--
       ``(1) a brief description of each rule or guide;
       ``(2) for each rule, the reason why the head of the agency 
     determined that the rule has a significant economic impact on 
     a substantial number of small entities (without regard to 
     whether the agency had prepared a final regulatory 
     flexibility analysis for the rule); and
       ``(3) a request for comments from the public, the Chief 
     Counsel for Advocacy of the Small Business Administration, 
     and the Regulatory Enforcement Ombudsman concerning the 
     enforcement of the rules or publication of the guides.
       ``(f)(1) Not later than 6 months after each date described 
     in subsection (b)(1), the Inspector General for each agency 
     shall--
       ``(A) determine whether the agency has conducted the review 
     required under subsection (b) appropriately; and
       ``(B) notify the head of the agency of--
       ``(i) the results of the determination under subparagraph 
     (A); and
       ``(ii) any issues preventing the Inspector General from 
     determining that the agency has conducted the review under 
     subsection (b) appropriately.
       ``(2)(A) Not later than 6 months after the date on which 
     the head of an agency receives a notice under paragraph 
     (1)(B) that the agency has not conducted the review under 
     subsection (b) appropriately, the agency shall address the 
     issues identified in the notice.
       ``(B) Not later than 30 days after the last day of the 6-
     month period described in subparagraph (A), the Inspector 
     General for an agency that receives a notice described in 
     subparagraph (A) shall--
       ``(i) determine whether the agency has addressed the issues 
     identified in the notice; and
       ``(ii) notify Congress if the Inspector General determines 
     that the agency has not addressed the issues identified in 
     the notice; and
       ``(C) Not later than 30 days after the date on which the 
     Inspector General for an agency transmits a notice under 
     subparagraph (B)(ii), an amount equal to 1 percent of the 
     amount appropriated for the fiscal year to the appropriations 
     account of the agency that is used to pay salaries shall be 
     rescinded.
       ``(D) Nothing in this paragraph may be construed to prevent 
     Congress from acting to prevent a rescission under 
     subparagraph (C).''.

     SEC. 3606. REQUIRING SMALL BUSINESS REVIEW PANELS FOR 
                   ADDITIONAL AGENCIES.

       (a) Agencies.--Section 609 of title 5, United States Code, 
     is amended--
       (1) in subsection (b)--
       (A) by striking ``a covered agency'' the first place it 
     appears and inserting ``an agency designated under subsection 
     (d)''; and
       (B) by striking ``a covered agency'' each place it appears 
     and inserting ``the agency'';
       (2) by striking subsection (d), as amended by section 
     1100G(a) of Public Law 111-203 (124 Stat. 2112), and 
     inserting the following:
       ``(d)(1)(A) On and after the date of enactment of the 
     Freedom from Restrictive Excessive Executive Demands and 
     Onerous Mandates Act of 2011, the Environmental Protection 
     Agency and the Occupational Safety and Health Administration 
     of the Department of Labor shall be--
       ``(i) agencies designated under this subsection; and
       ``(ii) subject to the requirements of subsection (b).
       ``(B) On and after the designated transfer date established 
     under section 1062 of Public Law 111-203 (12 U.S.C. 5582), 
     the Bureau of Consumer Financial Protection shall be--
       ``(i) an agency designated under this subsection; and
       ``(ii) subject to the requirements of subsection (b).
       ``(2) The Chief Counsel for Advocacy shall designate as 
     agencies that shall be subject to the requirements of 
     subsection (b) on and after the date of the designation--
       ``(A) 3 agencies for the first year after the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011;
       ``(B) in addition to the agencies designated under 
     subparagraph (A), 3 agencies for the second year after the 
     date of enactment of the Freedom from Restrictive Excessive 
     Executive Demands and Onerous Mandates Act of 2011; and
       ``(C) in addition to the agencies designated under 
     subparagraphs (A) and (B), 3 agencies for the third year 
     after the date of enactment of the Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 2011.
       ``(3) The Chief Counsel for Advocacy shall designate 
     agencies under paragraph (2) based on the economic impact of 
     the rules of the agency on small entities, beginning with 
     agencies with the largest economic impact on small 
     entities.''; and
       (3) in subsection (e)(1), by striking ``the covered 
     agency'' and inserting ``the agency''.
       (b) Technical and Conforming Amendments.--
       (1) Section 603.--Section 603(d) of title 5, United States 
     Code, as added by section 1100G(b) of Public Law 111-203 (124 
     Stat. 2112), is amended--
       (A) in paragraph (1), by striking ``a covered agency, as 
     defined in section 609(d)(2)'' and

[[Page S7213]]

     inserting ``the Bureau of Consumer Financial Protection''; 
     and
       (B) in paragraph (2), by striking ``A covered agency, as 
     defined in section 609(d)(2),'' and inserting ``The Bureau of 
     Consumer Financial Protection''.
       (2) Section 604.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by redesignating the second paragraph designated as 
     paragraph (6) (relating to covered agencies), as added by 
     section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113), 
     as paragraph (7); and
       (B) in paragraph (7), as so redesignated--
       (i) by striking ``a covered agency, as defined in section 
     609(d)(2)'' and inserting ``the Bureau of Consumer Financial 
     Protection''; and
       (ii) by striking ``the agency'' and inserting ``the 
     Bureau''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act and 
     apply on and after the designated transfer date established 
     under section 1062 of Public Law 111-203 (12 U.S.C. 5582).

     SEC. 3607. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY 
                   GUIDANCE DOCUMENTS.

       Section 601(2) of title 5, United States Code, is amended 
     by inserting after ``public comment'' the following: ``and 
     any significant guidance document, as defined in the Office 
     of Management and Budget Final Bulletin for Agency Good 
     Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

     SEC. 3608. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER 
                   SMALL ENTITY IMPACT.

       (a) In General.--Section 603(a) of title 5, United States 
     Code, is amended, in the fifth sentence, by striking ``but 
     only'' and all that follows through the period at the end and 
     inserting ``but only to the extent that such interpretative 
     rules, or the statutes upon which such rules are based, 
     impose on small entities a collection of information 
     requirement or a recordkeeping requirement.''.
       (b) Definitions.--Section 601 of title 5, United States 
     Code, as amended by section 3 of this Act, is amended--
       (1) in paragraph (6), by striking ``and'' at the end; and
       (2) by striking paragraphs (7) and (8) and inserting the 
     following:
       ``(7) the term `collection of information' has the meaning 
     given that term in section 3502(3) of title 44;
       ``(8) the term `recordkeeping requirement' has the meaning 
     given that term in section 3502(13) of title 44; and''.

     SEC. 3609. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL 
                   ENTITIES.

       Section 223 of the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``Each agency'' and inserting the 
     following:
       ``(1) Establishment of policy or program.--Each agency''; 
     and
       (B) by adding at the end the following:
       ``(2) Review of civil penalties.--Not later than 2 years 
     after the date of enactment of the Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 2011, 
     and every 2 years thereafter, each agency regulating the 
     activities of small entities shall review the civil penalties 
     imposed by the agency for violations of a statutory or 
     regulatory requirement by a small entity to determine whether 
     a reduction or waiver of the civil penalties is 
     appropriate.''; and
       (2) in subsection (c)--
       (A) by striking ``Agencies shall report'' and all that 
     follows through ``the scope'' and inserting ``Not later than 
     2 years after the date of enactment of the Freedom from 
     Restrictive Excessive Executive Demands and Onerous Mandates 
     Act of 2011, and every 2 years thereafter, each agency shall 
     submit to the Committee on Small Business and 
     Entrepreneurship and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on Small 
     Business and the Committee on the Judiciary of the House of 
     Representatives a report discussing the scope''; and
       (B) by striking ``and the total amount of penalty 
     reductions and waivers'' and inserting ``the total amount of 
     penalty reductions and waivers, and the results of the most 
     recent review under subsection (a)(2)''.

     SEC. 3610. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Section 603 
     of title 5, United States Code, as amended by section 
     1100G(b) of Public Law 111-203 (124 Stat. 2112), is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Each initial regulatory flexibility analysis required 
     under this section shall contain a detailed statement--
       ``(1) describing the reasons why action by the agency is 
     being considered;
       ``(2) describing the objectives of, and legal basis for, 
     the proposed rule;
       ``(3) estimating the number and type of small entities to 
     which the proposed rule will apply;
       ``(4) describing the projected reporting, recordkeeping, 
     and other compliance requirements of the proposed rule, 
     including an estimate of the classes of small entities which 
     will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     and record;
       ``(5) describing all relevant Federal rules which may 
     duplicate, overlap, or conflict with the proposed rule, or 
     the reasons why such a description could not be provided; and
       ``(6) estimating the additional cumulative economic impact 
     of the proposed rule on small entities, including job loss by 
     small entities, beyond that already imposed on the class of 
     small entities by the agency, or the reasons why such an 
     estimate is not available.''; and
       (2) by adding at the end the following:
       ``(e) An agency shall notify the Chief Counsel for Advocacy 
     of the Small Business Administration of any draft rules that 
     may have a significant economic impact on a substantial 
     number of small entities--
       ``(1) when the agency submits a draft rule to the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget under Executive Order 12866, if that 
     order requires the submission; or
       ``(2) if no submission to the Office of Information and 
     Regulatory Affairs is required--
       ``(A) a reasonable period before publication of the rule by 
     the agency; and
       ``(B) in any event, not later than 3 months before the date 
     on which the agency publishes the rule.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (B) in paragraph (2)--
       (i) by inserting ``detailed'' before ``statement'' each 
     place it appears; and
       (ii) by inserting ``(or certification of the proposed rule 
     under section 605(b))'' after ``initial regulatory 
     flexibility analysis'';
       (C) in paragraph (4), by striking ``an explanation'' and 
     inserting ``a detailed explanation''; and
       (D) in paragraph (6) (relating to a description of steps 
     taken to minimize significant economic impact), as added by 
     section 1601 of the Small Business Jobs Act of 2010 (Public 
     Law 111-240; 124 Stat. 2251), by inserting ``detailed'' 
     before ``statement''.
       (2) Publication of analysis on web site, etc.--Section 
     604(b) of title 5, United States Code, is amended to read as 
     follows:
       ``(b) The agency shall--
       ``(1) make copies of the final regulatory flexibility 
     analysis available to the public, including by publishing the 
     entire final regulatory flexibility analysis on the Web site 
     of the agency; and
       ``(2) publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary of the analysis that 
     includes the telephone number, mailing address, and address 
     of the Web site where the complete final regulatory 
     flexibility analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Section 605(a) of 
     title 5, United States Code, is amended to read as follows:
       ``(a) A Federal agency shall be deemed to have satisfied a 
     requirement regarding the content of a regulatory flexibility 
     agenda or regulatory flexibility analysis under section 602, 
     603, or 604, if the Federal agency provides in the agenda or 
     regulatory flexibility analysis a cross-reference to the 
     specific portion of an agenda or analysis that is required by 
     another law and that satisfies the requirement under section 
     602, 603, or 604.''.
       (d) Certifications.--Section 605(b) of title 5, United 
     States Code, is amended, in the second sentence, by striking 
     ``statement providing the factual'' and inserting ``detailed 
     statement providing the factual and legal''.
       (e) Quantification Requirements.--Section 607 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 607. Quantification requirements

       ``In complying with sections 603 and 604, an agency shall 
     provide--
       ``(1) a quantifiable or numerical description of the 
     effects of the proposed or final rule, including an estimate 
     of the potential for job loss, and alternatives to the 
     proposed or final rule; or
       ``(2) a more general descriptive statement regarding the 
     potential for job loss and a detailed statement explaining 
     why quantification under paragraph (1) is not practicable or 
     reliable.''.

     SEC. 3611. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY 
                   IMPACT DURING THE RULEMAKING PROCESS.

       Section 605(b) of title 5, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2) If, after publication of the certification required 
     under paragraph (1), the head of the agency determines that 
     there will be a significant economic impact on a substantial 
     number of small entities, the agency shall comply with the 
     requirements of section 603 before the publication of the 
     final rule, by--
       ``(A) publishing an initial regulatory flexibility analysis 
     for public comment; or
       ``(B) re-proposing the rule with an initial regulatory 
     flexibility analysis.
       ``(3) The head of an agency may not make a certification 
     relating to a rule under this subsection, unless the head of 
     the agency has determined--
       ``(A) the average cost of the rule for small entities 
     affected or reasonably presumed to be affected by the rule;
       ``(B) the number of small entities affected or reasonably 
     presumed to be affected by the rule; and
       ``(C) the number of affected small entities for which that 
     cost will be significant.
       ``(4) Before publishing a certification and a statement 
     providing the factual basis for the

[[Page S7214]]

     certification under paragraph (1), the head of an agency 
     shall--
       ``(A) transmit a copy of the certification and statement to 
     the Chief Counsel for Advocacy of the Small Business 
     Administration; and
       ``(B) consult with the Chief Counsel for Advocacy of the 
     Small Business Administration on the accuracy of the 
     certification and statement.''.

     SEC. 3612. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

       Section 203 of Public Law 94-305 (15 U.S.C. 634c) is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (6) the following:
       ``(7) at the discretion of the Chief Counsel for Advocacy, 
     comment on regulatory action by an agency that affects small 
     businesses, without regard to whether the agency is required 
     to file a notice of proposed rulemaking under section 553 of 
     title 5, United States Code, with respect to the action.''.

     SEC. 3613. FUNDING AND OFFSETS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Small Business Administration, for any costs of 
     carrying out this Act and the amendments made by this Act 
     (including the costs of hiring additional employees)--
       (1) $1,000,000 for fiscal year 2012;
       (2) $2,000,000 for fiscal year 2013; and
       (3) $3,000,000 for fiscal year 2014.
       (b) Repeals.--In order to offset the costs of carrying out 
     this Act and the amendments made by this Act and to reduce 
     the Federal deficit, the following provisions of law are 
     repealed, effective on the date of enactment of this Act:
       (1) Section 21(n) of the Small Business Act (15 U.S.C. 
     648).
       (2) Section 27 of the Small Business Act (15 U.S.C. 654).
       (3) Section 1203(c) of the Energy Security and Efficiency 
     Act of 2007 (15 U.S.C. 657h(c)).

     SEC. 3614. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Heading.--Section 605 of title 5, United States Code, 
     is amended in the section heading by striking ``Avoidance'' 
     and all that follows and inserting the following: 
     ``Incorporations by reference and certification.''.
       (b) Table of Sections.--The table of sections for chapter 6 
     of title 5, United States Code, is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following:

``605. Incorporations by reference and certifications.'';
     and
       (2) by striking the item relating to section 607 inserting 
     the following:

``607. Quantification requirements.''.

            TITLE VII--UNFUNDED MANDATES ACCOUNTABILITY ACT

     SEC. 3701. SHORT TITLE.

       This title may be cited as the ``Unfunded Mandates 
     Accountability Act''.

     SEC. 3702. FINDINGS.

       Congress finds the following:
       (1) The public has a right to know the benefits and costs 
     of regulation. Effective regulatory programs provide 
     important benefits to the public, including protecting the 
     environment, worker safety, and human health. Regulations 
     also impose significant costs on individuals, employers, 
     State, local, and tribal governments, diverting resources 
     from other important priorities.
       (2) Better regulatory analysis and review should improve 
     the quality of agency decisions, increasing the benefits and 
     reducing unwarranted costs of regulation.
       (3) Disclosure and scrutiny of key information underlying 
     agency decisions should make Government more accountable to 
     the public it serves.

     SEC. 3703. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.

       (a) Regulatory Impact Analyses for Certain Rules.--Section 
     202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
     1532) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';

       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively;
       (3) by striking subsection (a) and inserting the following:
       ``(a) Definition.--In this section, the term `cost' means 
     the cost of compliance and any reasonably foreseeable 
     indirect costs, including revenues lost as a result of an 
     agency rule subject to this section.
       ``(b) In General.--Before promulgating any proposed or 
     final rule that may have an annual effect on the economy of 
     $100,000,000 or more (adjusted for inflation), or that may 
     result in the expenditure by State, local, and tribal 
     governments, in the aggregate, of $100,000,000 or more 
     (adjusted for inflation) in any 1 year, each agency shall 
     prepare and publish in the Federal Register an initial and 
     final regulatory impact analysis. The initial regulatory 
     impact analysis shall accompany the agency's notice of 
     proposed rulemaking and shall be open to public comment. The 
     final regulatory impact analysis shall accompany the final 
     rule.
       ``(c) Content.--The initial and final regulatory impact 
     analysis under subsection (b) shall include--
       ``(1)(A) an analysis of the anticipated benefits and costs 
     of the rule, which shall be quantified to the extent 
     feasible;
       ``(B) an analysis of the benefits and costs of a reasonable 
     number of regulatory alternatives within the range of the 
     agency's discretion under the statute authorizing the rule, 
     including alternatives that--
       ``(i) require no action by the Federal Government; and
       ``(ii) use incentives and market-based means to encourage 
     the desired behavior, provide information upon which choices 
     can be made by the public, or employ other flexible 
     regulatory options that permit the greatest flexibility in 
     achieving the objectives of the statutory provision 
     authorizing the rule; and
       ``(C) an explanation that the rule meets the requirements 
     of section 205;
       ``(2) an assessment of the extent to which--
       ``(A) the costs to State, local and tribal governments may 
     be paid with Federal financial assistance (or otherwise paid 
     for by the Federal Government); and
       ``(B) there are available Federal resources to carry out 
     the rule;
       ``(3) estimates of--
       ``(A) any disproportionate budgetary effects of the rule 
     upon any particular regions of the Nation or particular 
     State, local, or tribal governments, urban or rural or other 
     types of communities, or particular segments of the private 
     sector; and
       ``(B) the effect of the rule on job creation or job loss, 
     which shall be quantified to the extent feasible; and
       ``(4)(A) a description of the extent of the agency's prior 
     consultation with elected representatives (under section 204) 
     of the affected State, local, and tribal governments;
       ``(B) a summary of the comments and concerns that were 
     presented by State, local, or tribal governments either 
     orally or in writing to the agency; and
       ``(C) a summary of the agency's evaluation of those 
     comments and concerns.'';
       (4) in subsection (d) (as redesignated by paragraph (2) of 
     this subsection), by striking ``subsection (a)'' and 
     inserting ``subsection (b)''; and
       (5) in subsection (e) (as redesignated by paragraph (2) of 
     this subsection), by striking ``subsection (a)'' each place 
     that term appears and inserting ``subsection (b)''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for the Unfunded Mandates Reform Act of 1995 is 
     amended by striking the item relating to section 202 and 
     inserting the following:

``Sec. 202. Regulatory impact analyses for certain rules.''.

     SEC. 3704. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

       Section 205 of the Unfunded Mandates Reform Act of 1995 (2 
     U.S.C. 1535) is amended by striking section 205 and inserting 
     the following:

     ``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

       ``Before promulgating any proposed or final rule for which 
     a regulatory impact analysis is required under section 202, 
     the agency shall--
       ``(1) identify and consider a reasonable number of 
     regulatory alternatives within the range of the agency's 
     discretion under the statute authorizing the rule, including 
     alternatives required under section 202(b)(1)(B); and
       ``(2) from the alternatives described under paragraph (1), 
     select the least costly, most cost-effective, or least 
     burdensome alternative that achieves the objectives of the 
     statute.''.

     SEC. 3705. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY 
                   AGENCIES.

       (a) In General.--Section 421(1) of the Congressional Budget 
     and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is 
     amended by striking ``, but does not include independent 
     regulatory agencies''.
       (b) Exemption for Monetary Policy.--The Unfunded Mandates 
     Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by 
     inserting after section 5 the following:

     ``SEC. 6. EXEMPTION FOR MONETARY POLICY.

       ``Nothing in title II, III, or IV shall apply to rules that 
     concern monetary policy proposed or implemented by the Board 
     of Governors of the Federal Reserve System or the Federal 
     Open Market Committee.''.

     SEC. 3706. JUDICIAL REVIEW.

       The Unfunded Mandates Reform Act of 1995 is amended by 
     striking section 401 (2 U.S.C. 1571) and inserting the 
     following:

     ``SEC. 401. JUDICIAL REVIEW.

       ``(a) In General.--For any rule subject to section 202, a 
     party aggrieved by final agency action is entitled to 
     judicial review of an agency's analysis under and compliance 
     with sections 202 (b) and (c)(1) and 205. The scope of review 
     shall be governed by chapter 7 of title 5, United States 
     Code.
       ``(b) Jurisdiction.--Each court having jurisdiction to 
     review a rule subject to section 202 for compliance with 
     section 553 of title 5, United States Code, or under any 
     other provision of law, shall have jurisdiction to review any 
     claims brought under subsection (a) of this section.
       ``(c) Relief Available.--In granting relief in an action 
     under this section, the court shall order the agency to take 
     remedial action consistent with chapter 7 of title 5, United 
     States Code, including remand and vacatur of the rule.''.

     SEC. 3707. EFFECTIVE DATE.

       This title shall take effect 90 days after the date of 
     enactment of this title.

[[Page S7215]]

             TITLE VIII--GOVERNMENT LITIGATION SAVINGS ACT

     SEC. 3801. SHORT TITLE.

       This title may be cited as the ``Government Litigation 
     Savings Act''.

     SEC. 3802. MODIFICATION OF EQUAL ACCESS TO JUSTICE 
                   PROVISIONS.

       (a) Agency Proceedings.--
       (1) Eligibility parties; attorney fees.--Section 504 of 
     title 5, United States Code, is amended--
       (A) in subsection (a)(1), by inserting after ``prevailing 
     party'' the following: ``who has a direct and personal 
     monetary interest in the adjudication, including because of 
     personal injury, property damage, or unpaid agency 
     disbursement,''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A)(ii), by striking ``$125 per hour'' 
     and all that follows through ``a higher fee'' and inserting 
     ``$175 per hour''; and
       (ii) in subparagraph (B), by striking ``; except that'' and 
     all that follows through ``section 601''.
       (2) Reduction or denial of awards.--Section 504(a)(3) of 
     title 5, United States Code, is amended in the first 
     sentence--
       (A) by striking ``may reduce the amount to be awarded, or 
     deny an award,'' and inserting ``shall reduce the amount to 
     be awarded, or deny an award, commensurate with pro bono 
     hours and related fees and expenses, or'';
       (B) by striking ``unduly and''; and
       (C) by striking ``controversy.'' and inserting 
     ``controversy or acted in an obdurate, dilatory, mendacious, 
     or oppressive manner, or in bad faith.''.
       (3) Limitation on awards.--Section 504(a) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) A party may not receive an award of fees and other 
     expenses under this section--
       ``(A) in excess of $200,000 in any single adversary 
     adjudication, or
       ``(B) for more than 3 adversary adjudications initiated in 
     the same calendar year,
     unless the adjudicative officer of the agency determines that 
     an award exceeding such limits is required to avoid severe 
     and unjust harm to the prevailing party.''.
       (4) Reporting in agency adjudications.--Section 504 of such 
     title is amended--
       (A) in subsection (c)(1), by striking ``, United States 
     Code''; and
       (B) by striking subsection (e) and inserting the following:
       ``(e)(1) The Chairman of the Administrative Conference of 
     the United States shall issue an annual, online report to the 
     Congress on the amount of fees and other expenses awarded 
     during the preceding fiscal year pursuant to this section. 
     The report shall describe the number, nature, and amount of 
     the awards, the nature of and claims involved in each 
     controversy (including the law under which the controversy 
     arose), and any other relevant information that may aid the 
     Congress in evaluating the scope and impact of such awards. 
     The report shall be made available to the public online, and 
     contain a searchable database of the total awards given, and 
     the total number of applications for the award of fees and 
     other expenses that were filed, defended, and heard, and 
     shall include, with respect to each such application, the 
     following:
       ``(A) The name of the party seeking the award of fees and 
     other expenses.
       ``(B) The agency to which the application for the award was 
     made.
       ``(C) The names of the administrative law judges in the 
     adversary adjudication that is the subject of the 
     application.
       ``(D) The disposition of the application, including any 
     appeal of action taken on the application.
       ``(E) The amount of each award.
       ``(F) The hourly rates of expert witnesses stated in the 
     application that was awarded.
       ``(G) With respect to each award of fees and other 
     expenses, the basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(2)(A) The report under paragraph (1) shall cover 
     payments of fees and other expenses under this section that 
     are made pursuant to a settlement agreement, regardless of 
     whether the settlement agreement is otherwise subject to 
     nondisclosure provisions.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) does not affect any other information 
     that is subject to nondisclosure provisions in the settlement 
     agreement.''.
       (5) Adjustment of attorney fees.--Section 504 of such title 
     is amended by adding at the end the following:
       ``(g) The Director of the Office of Management and Budget 
     may adjust the maximum hourly fee set forth in subsection 
     (b)(1)(A)(ii) for the fiscal year beginning October 1, 2012, 
     and for each fiscal year thereafter, to reflect changes in 
     the Consumer Price Index, as determined by the Secretary of 
     Labor.''.
       (b) Court Cases.--
       (1) Eligibility parties; attorney fees; limitation on 
     awards.--Section 2412(d) of title 28, United States Code, is 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``in any civil action'' and all that 
     follows through ``jurisdiction of that action'' and inserting 
     ``in the civil action''; and
       (II) by striking ``shall award to a prevailing party other 
     than the United States'' and inserting the following: ``, in 
     any civil action (other than cases sounding in tort), 
     including proceedings for judicial review of agency action, 
     brought by or against the United States in any court having 
     jurisdiction of that action, shall award to a prevailing 
     party who has a direct and personal monetary interest in the 
     civil action, including because of personal injury, property 
     damage, or unpaid agency disbursement, other than the United 
     States,''; and

       (ii) by adding at the end the following:
       ``(E) An individual or entity may not receive an award of 
     fees and other expenses under this subsection in excess of--
       ``(i) $200,000 in any single civil action, or
       ``(ii) for more than 3 civil actions initiated in the same 
     calendar year,
     unless the presiding judge determines that an award exceeding 
     such limits is required to avoid severe and unjust harm to 
     the prevailing party.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)(ii), by striking ``$125 per hour'' 
     and all that follows through ``a higher fee'' and inserting 
     ``$175 per hour''; and
       (ii) in subparagraph (B), by striking ``; except that'' and 
     all that follows through ``section 601''.
       (2) Reduction or denial of awards.--Section 2412(d)(1)(C) 
     of title 28, United States Code, is amended--
       (A) by striking ``, in its discretion, may reduce the 
     amount to be awarded pursuant to this subsection, or deny an 
     award,'' and inserting ``shall reduce the amount to be 
     awarded under this subsection, or deny an award, commensurate 
     with pro bono hours and related fees and expenses, or'';
       (B) by striking ``unduly and''; and
       (C) by striking ``controversy.'' and inserting 
     ``controversy or acted in an obdurate, dilatory, mendacious, 
     or oppressive manner, or in bad faith.''.
       (3) Adjustment of attorney fees.--Section 2412(d) of title 
     28, United States Code, is amended by adding at the end the 
     following:
       ``(5) The Director of the Office of Management and Budget 
     may adjust the maximum hourly fee set forth in paragraph 
     (2)(A)(ii) for the fiscal year beginning October 1, 2012, and 
     for each fiscal year thereafter, to reflect changes in the 
     Consumer Price Index, as determined by the Secretary of 
     Labor.''.
       (4) Reporting.--Section 2412(d) of title 28, United States 
     Code, is further amended by adding at the end the following:
       ``(6)(A) The Chairman of the Administrative Conference of 
     the United States shall issue an annual, online report to the 
     Congress on the amount of fees and other expenses awarded 
     during the preceding fiscal year pursuant to this subsection. 
     The report shall describe the number, nature, and amount of 
     the awards, the nature of and claims involved in each 
     controversy (including the law under which the controversy 
     arose), and any other relevant information that may aid the 
     Congress in evaluating the scope and impact of such awards. 
     The report shall be made available to the public online and 
     shall contain a searchable database of total awards given and 
     the total number of cases filed, defended, or heard, and 
     shall include with respect to each such case the following:
       ``(i) The name of the party seeking the award of fees and 
     other expenses in the case.
       ``(ii) The district court hearing the case.
       ``(iii) The names of the presiding judges in the case.
       ``(iv) The agency involved in the case.
       ``(v) The disposition of the application for fees and other 
     expenses, including any appeal of action taken on the 
     application.
       ``(vi) The amount of each award.
       ``(vii) The hourly rates of expert witnesses stated in the 
     application that was awarded.
       ``(viii) With respect to each award of fees and other 
     expenses, the basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(B)(i) The report under subparagraph (A) shall cover 
     payments of fees and other expenses under this subsection 
     that are made pursuant to a settlement agreement, regardless 
     of whether the settlement agreement is otherwise subject to 
     nondisclosure provisions.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) does not affect any other information that 
     is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(C) The Chairman of the Administrative Conference shall 
     include in the annual report under subparagraph (A), for each 
     case in which an award of fees and other expenses is included 
     in the report--
       ``(i) any amounts paid from section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(D) The Attorney General of the United States shall 
     provide to the Chairman of the Administrative Conference of 
     the United States such information as the Chairman requests 
     to carry out this paragraph.''.
       (c) Effective Date.--
       (1) Modifications to procedures.--The amendments made by--
       (A) paragraphs (1), (2), and (3) of subsection (a) shall 
     apply with respect to adversary adjudications commenced on or 
     after the date of the enactment of this Act; and
       (B) paragraphs (1) and (2) of subsection (b) shall apply 
     with respect to civil actions commenced on or after such date 
     of enactment.
       (2) Reporting.--The amendments made by paragraphs (4) and 
     (5) of subsection (a) and by paragraphs (3) and (4) of 
     subsection (b) shall take effect on the date of the enactment 
     of this Act.

[[Page S7216]]

     SEC. 3803. GAO STUDY.

       Not later than 30 days after the date of the enactment of 
     this Act, the Comptroller General shall commence an audit of 
     the implementation of the Equal Access to Justice Act for the 
     years 1995 through the end of the calendar year in which this 
     Act is enacted. The Comptroller General shall, not later than 
     1 year after the end of the calendar year in which this Act 
     is enacted, complete such audit and submit to the Congress a 
     report on the results of the audit.

              TITLE IX--EMPLOYMENT PROTECTION ACT OF 2011

     SEC. 3901. SHORT TITLE.

       This title may be cited as the ``Employment Protection Act 
     of 2011''.

     SEC. 3902. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT 
                   AND ECONOMIC ACTIVITY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) De minimis negative impact.--The term ``de minimis 
     negative impact'' means--
       (A) with respect to employment levels, a loss of more than 
     100 jobs, subject to the condition that any offsetting job 
     gains that result from the hypothetical creation of new jobs 
     through new technologies or government employment may not be 
     used to offset the job loss calculation; and
       (B) with respect to economic activity, a decrease in 
     economic activity of more than $1,000,000 during any calendar 
     year, subject to the condition that any offsetting economic 
     activity that results from the hypothetical creation of new 
     economic activity through new technologies or government 
     employment may not be used in the economic activity 
     calculation.
       (b) Analysis of Impacts of Actions on Employment and 
     Economic Activity.--
       (1) Analysis.--Prior to promulgating any regulation or 
     other requirement, issuing any policy statement, guidance 
     document, or endangerment finding, implementing any new or 
     substantially altered program, or denying any permit, the 
     Administrator shall analyze the impact on employment levels 
     and economic activity, disaggregated by State, of the 
     regulation, requirement, policy statement, guidance document, 
     endangerment finding, program, or permit denial.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall use the best available economic models.
       (B) Annual gao report.--Not later than December 31, 2011, 
     and annually thereafter, the Comptroller General of the 
     United States shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the economic models used by the 
     Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     regulation, requirement, policy statement, guidance document, 
     endangerment finding, program, or permit denial, the 
     Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet website of the Environmental 
     Protection Agency; and
       (B) request that the Governor of any State experiencing 
     more than a de minimis negative impact post the analysis in 
     the Capitol of the State.
       (4) Clean water act and other permits.--Each analysis under 
     paragraph (1) shall include a description of estimated job 
     losses and decreased economic activity due to the denial of a 
     permit, including any permit denied under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.).
       (c) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (b)(1) that a regulation, requirement, policy 
     statement, guidance document, endangerment finding, program, 
     or permit denial will have more than a de minimis negative 
     impact on employment levels or economic activity in a State, 
     the Administrator shall hold a public hearing in each such 
     State not less than--
       (A) 30 days before the effective date of the regulation, 
     requirement, policy statement, guidance document, 
     endangerment finding, or program; or
       (B) 48 hours before the denial of a permit.
       (2) Time, location, and selection.--
       (A) In general.--A public hearing required by paragraph (1) 
     shall be held at a convenient time and location for impacted 
     residents.
       (B) Location.--In selecting a location for a public hearing 
     under subparagraph (A), the Administrator shall give priority 
     to locations in the State that will experience the greatest 
     number of job losses.
       (3) Citizen suits.--
       (A) In general.--If a public hearing is required by 
     paragraph (1) with respect to any State, and the 
     Administrator fails to hold such a public hearing in 
     accordance with paragraphs (1) and (2), any resident of the 
     State may bring an action in any United States district court 
     in the State to compel compliance by the Administrator.
       (B) Relief.--If a resident prevails in an action against 
     the Administrator under subparagraph (A), the United States 
     district court--
       (i) shall enjoin the regulation, requirement, policy 
     statement, guidance document, endangerment finding, program, 
     or permit denial that is the subject of the action; and
       (ii) may award reasonable attorneys' fees and costs.
       (C) Appeal.--On appeal of an injunction issued under 
     subparagraph (B)(i), a United States court of appeals--
       (i) shall require the submission of briefs not later than 
     30 days after the date of filing of the appeal;
       (ii) may not stay the injunction prior to hearing oral 
     arguments; and
       (iii) shall make a final decision not later than 90 days 
     after the date of filing of the appeal.
       (d) Notification.--If the Administrator concludes under 
     subsection (b)(1) that a regulation, requirement, policy 
     statement, guidance document, endangerment finding, program, 
     or permit denial will have more than a de minimis negative 
     impact on employment levels or economic activity in any 
     State, the Administrator shall provide a notice of the de 
     minimis negative impact to the congressional delegation, 
     Governor, and legislature of the affected State not later 
     than--
       (1) 45 days before the effective date of the regulation, 
     requirement, policy statement, guidance document, 
     endangerment finding, requirement, or program; or
       (2) 7 days before the denial of the permit.

              TITLE X--FARM DUST REGULATION PREVENTION ACT

     SEC. 3931. SHORT TITLE.

       This title may be cited as the ``Farm Dust Regulation 
     Prevention Act''.

     SEC. 3932. NUISANCE DUST.

       Part A of title I of the Clean Air Act (42 U.S.C. 7401 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
                   TRIBAL, AND LOCAL GOVERNMENTS.

       ``(a) Definition of Nuisance Dust.--In this section, the 
     term `nuisance dust' means particulate matter--
       ``(1) generated from natural sources, unpaved roads, 
     agricultural activities, earth moving, or other activities 
     typically conducted in rural areas; or
       ``(2) consisting primarily of soil, windblown dust, or 
     other natural or biological materials, or some combination of 
     those materials.
       ``(b) Applicability.--Except as provided in subsection (c), 
     this Act does not apply to, and references in this Act to 
     particulate matter are deemed to exclude, nuisance dust.
       ``(c) Exception.--Subsection (b) does not apply with 
     respect to any geographical area in which nuisance dust is 
     not regulated under State, tribal, or local law to the extent 
     that the Administrator finds that--
       ``(1) nuisance dust (or any subcategory of nuisance dust) 
     causes substantial adverse public health and welfare effects 
     at ambient concentrations; and
       ``(2) the benefits of applying standards and other 
     requirements of this Act to nuisance dust (or such a 
     subcategory of nuisance dust) outweigh the costs (including 
     local and regional economic and employment impacts) of 
     applying those standards and other requirements to nuisance 
     dust (or such a subcategory).''.

     SEC. 3933. TEMPORARY PROHIBITION AGAINST REVISING ANY 
                   NATIONAL AMBIENT AIR QUALITY STANDARD 
                   APPLICABLE TO COARSE PARTICULATE MATTER.

       Before the date that is 1 year after the date of the 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency may not propose, finalize, implement, or 
     enforce any regulation revising the national primary ambient 
     air quality standard or the national secondary ambient air 
     quality standard applicable to particulate matter with an 
     aerodynamic diameter greater than 2.5 micrometers under 
     section 109 of the Clean Air Act (42 U.S.C. 7409).

            TITLE XI--NATIONAL LABOR RELATIONS BOARD REFORM

     SEC. 3951. SHORT TITLE.

       This title may be cited as the ``National Labor Relations 
     Board Reform Act''.

     SEC. 3952. AUTHORITY OF THE NLRB.

       Section 10(c) of the National Labor Relations Act (29 
     U.S.C. 160) is amended by inserting before the period at the 
     end the following: ``: Provided further, That the Board shall 
     have no power to order an employer (or seek an order against 
     an employer) to restore or reinstate any work, product, 
     production line, or equipment, to rescind any relocation, 
     transfer, subcontracting, outsourcing, or other change 
     regarding the location, entity, or employer who shall be 
     engaged in production or other business operations, or to 
     require any employer to make an initial or additional 
     investment at a particular plant, facility, or location''.

     SEC. 3953. RETROACTIVITY.

       The amendment made by section 3952 shall apply to any 
     complaint for which a final adjudication by the National 
     Labor Relations Board has not been made by the date of 
     enactment of this Act.

          TITLE XII--GOVERNMENT NEUTRALITY IN CONTRACTING ACT

     SEC. 3971. SHORT TITLE.

       This title may be cited as the ``Government Neutrality in 
     Contracting Act''.

     SEC. 3972. PURPOSES.

       It is the purpose of this title to--
       (1) promote and ensure open competition on Federal and 
     federally funded or assisted construction projects;

[[Page S7217]]

       (2) maintain Federal Government neutrality towards the 
     labor relations of Federal Government contractors on Federal 
     and federally funded or assisted construction projects;
       (3) reduce construction costs to the Federal Government and 
     to the taxpayers;
       (4) expand job opportunities, especially for small and 
     disadvantaged businesses; and
       (5) prevent discrimination against Federal Government 
     contractors or their employees based upon labor affiliation 
     or the lack thereof, thereby promoting the economical, 
     nondiscriminatory, and efficient administration and 
     completion of Federal and federally funded or assisted 
     construction projects.

     SEC. 3973. PRESERVATION OF OPEN COMPETITION AND FEDERAL 
                   GOVERNMENT NEUTRALITY.

       (a) Prohibition.--
       (1) General rule.--The head of each executive agency that 
     awards any construction contract after the date of enactment 
     of this Act, or that obligates funds pursuant to such a 
     contract, shall ensure that the agency, and any construction 
     manager acting on behalf of the Federal Government with 
     respect to such contract, in its bid specifications, project 
     agreements, or other controlling documents does not--
       (A) require or prohibit a bidder, offeror, contractor, or 
     subcontractor from entering into, or adhering to, agreements 
     with 1 or more labor organization, with respect to that 
     construction project or another related construction project; 
     or
       (B) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--
       (i) becomes a signatory, or otherwise adheres to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (ii) refuses to become a signatory, or otherwise adheres 
     to, an agreement with 1 or more labor organization with 
     respect to that construction project or another related 
     construction project.
       (2) Application of prohibition.--The provisions of this 
     section shall not apply to contracts awarded prior to the 
     date of enactment of this Act, and subcontracts awarded 
     pursuant to such contracts regardless of the date of such 
     subcontracts.
       (3) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to prohibit a contractor or subcontractor from 
     voluntarily entering into an agreement described in such 
     paragraph.
       (b) Recipients of Grants and Other Assistance.--The head of 
     each executive agency that awards grants, provides financial 
     assistance, or enters into cooperative agreements for 
     construction projects after the date of enactment of this 
     Act, shall ensure that--
       (1) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     recipient of a grant or financial assistance, or by the 
     parties to a cooperative agreement, do not contain any of the 
     requirements or prohibitions described in subparagraph (A) or 
     (B) of subsection (a)(1); or
       (2) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     construction manager acting on behalf of a recipient or party 
     described in paragraph (1) do not contain any of the 
     requirements or prohibitions described in subparagraph (A) or 
     (B) of subsection (a)(1).
       (c) Failure To Comply.--If an executive agency, a recipient 
     of a grant or financial assistance from an executive agency, 
     a party to a cooperative agreement with an executive agency, 
     or a construction manager acting on behalf of such an agency, 
     recipient, or party, fails to comply with subsection (a) or 
     (b), the head of the executive agency awarding the contract, 
     grant, or assistance, or entering into the agreement, 
     involved shall take such action, consistent with law, as the 
     head of the agency determines to be appropriate.
       (d) Exemptions.--
       (1) In general.--The head of an executive agency may exempt 
     a particular project, contract, subcontract, grant, or 
     cooperative agreement from the requirements of 1 or more of 
     the provisions of subsections (a) and (b) if the head of such 
     agency determines that special circumstances exist that 
     require an exemption in order to avert an imminent threat to 
     public health or safety or to serve the national security.
       (2) Special circumstances.--For purposes of paragraph (1), 
     a finding of ``special circumstances'' may not be based on 
     the possibility or existence of a labor dispute concerning 
     contractors or subcontractors that are nonsignatories to, or 
     that otherwise do not adhere to, agreements with 1 or more 
     labor organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.
       (3) Additional exemption for certain projects.--The head of 
     an executive agency, upon application of an awarding 
     authority, a recipient of grants or financial assistance, a 
     party to a cooperative agreement, or a construction manager 
     acting on behalf of any of such entities, may exempt a 
     particular project from the requirements of any or all of the 
     provisions of subsections (a) or (c) if the agency head 
     finds--
       (A) that the awarding authority, recipient of grants or 
     financial assistance, party to a cooperative agreement, or 
     construction manager acting on behalf of any of such entities 
     had issued or was a party to, as of the date of the enactment 
     of this Act, bid specifications, project agreements, 
     agreements with one or more labor organizations, or other 
     controlling documents with respect to that particular 
     project, which contained any of the requirements or 
     prohibitions set forth in subsection (a)(1); and
       (B) that one or more construction contracts subject to such 
     requirements or prohibitions had been awarded as of the date 
     of the enactment of this Act.
       (e) Federal Acquisition Regulatory Council.--With respect 
     to Federal contracts to which this section applies, not later 
     than 60 days after the date of enactment of this Act, the 
     Federal Acquisition Regulatory Council shall take appropriate 
     action to amend the Federal Acquisition Regulation to 
     implement the provisions of this section.
       (f) Definitions.--In this section:
       (1) Construction contract.--The term ``construction 
     contract'' means any contract for the construction, 
     rehabilitation, alteration, conversion, extension, or repair 
     of buildings, highways, or other improvements to real 
     property.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 133 of title 41, 
     United States Code, except that such term shall not include 
     the Government Accountability Office.
       (3) Labor organization.--The term ``labor organization'' 
     has the meaning given such term in section 701(d) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).

          TITLE XIII--FINANCIAL REGULATORY RESPONSIBILITY ACT

     SEC. 3981. SHORT TITLE.

       This title may be cited as the ``Financial Regulatory 
     Responsibility Act''.

     SEC. 3982. DEFINITIONS.

       As used in this title--
       (1) the term ``agency'' means the Board of Governors of the 
     Federal Reserve System, the Bureau of Consumer Financial 
     Protection, the Commodity Futures Trading Commission, the 
     Federal Deposit Insurance Corporation, the Federal Housing 
     Finance Agency, the Financial Stability Oversight Council, 
     the Office of the Comptroller of the Currency, the Office of 
     Financial Research, the National Credit Union Administration, 
     and the Securities and Exchange Commission;
       (2) the term ``chief economist'' means--
       (A) with respect to the Board of Governors of the Federal 
     Reserve System, the Director of the Division of Research and 
     Statistics, or an employee of the agency with comparable 
     authority;
       (B) with respect to the Bureau of Consumer Financial 
     Protection, the Assistant Director for Research, or an 
     employee of the agency with comparable authority;
       (C) with respect to the Commodity Futures Trading 
     Commission, the Chief Economist, or an employee of the agency 
     with comparable authority;
       (D) with respect to the Federal Deposit Insurance 
     Corporation, the Director of the Division of Insurance and 
     Research, or an employee of the agency with comparable 
     authority;
       (E) with respect to the Federal Housing Finance Agency, the 
     Chief Economist, or an employee of the agency with comparable 
     authority;
       (F) with respect to the Financial Stability Oversight 
     Council, the Chief Economist, or an employee of the agency 
     with comparable authority;
       (G) with respect to the Office of the Comptroller of the 
     Currency, the Director for Policy Analysis, or an employee of 
     the agency with comparable authority;
       (H) with respect to the Office of Financial Research, the 
     Director, or an employee of the agency with comparable 
     authority;
       (I) with respect to the National Credit Union 
     Administration, the Chief Economist, or an employee of the 
     agency with comparable authority; and
       (J) with respect to the Securities and Exchange Commission, 
     the Director of the Division of Risk, Strategy, and Financial 
     Innovation, or an employee of the agency with comparable 
     authority;
       (3) the term ``Council'' means the Chief Economists Council 
     established under section 9; and
       (4) the term ``regulation''--
       (A) means an agency statement of general applicability and 
     future effect that is designed to implement, interpret, or 
     prescribe law or policy or to describe the procedure or 
     practice requirements of an agency, including rules, orders 
     of general applicability, interpretive releases, and other 
     statements of general applicability that the agency intends 
     to have the force and effect of law;
       (B) does not include--
       (i) a regulation issued in accordance with the formal 
     rulemaking provisions of section 556 or 557 of title 5, 
     United States Code;
       (ii) a regulation that is limited to agency organization, 
     management, or personnel matters;
       (iii) a regulation promulgated pursuant to statutory 
     authority that expressly prohibits compliance with this 
     provision;
       (iv) a regulation that is certified by the agency to be an 
     emergency action, if such certification is published in the 
     Federal Register; or
       (v) a regulation that is promulgated by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee under section 10A, 10B, 13, 13A, or 19 of 
     the Federal Reserve Act, or any of subsections (a) through 
     (f) of section 14 of that Act.

[[Page S7218]]

     SEC. 3983. REQUIRED REGULATORY ANALYSIS.

       (a) Requirements for Notices of Proposed Rulemaking.--An 
     agency may not issue a notice of proposed rulemaking unless 
     the agency includes in the notice of proposed rulemaking an 
     analysis that contains, at a minimum, with respect to each 
     regulation that is being proposed--
       (1) an identification of the need for the regulation and 
     the regulatory objective, including identification of the 
     nature and significance of the market failure, regulatory 
     failure, or other problem that necessitates the regulation;
       (2) an explanation of why the private market or State, 
     local, or tribal authorities cannot adequately address the 
     identified market failure or other problem;
       (3) an analysis of the adverse impacts to regulated 
     entities, other market participants, economic activity, or 
     agency effectiveness that are engendered by the regulation 
     and the magnitude of such adverse impacts;
       (4) a quantitative and qualitative assessment of all 
     anticipated direct and indirect costs and benefits of the 
     regulation (as compared to a benchmark that assumes the 
     absence of the regulation), including--
       (A) compliance costs;
       (B) effects on economic activity, net job creation 
     (excluding jobs related to ensuring compliance with the 
     regulation), efficiency, competition, and capital formation;
       (C) regulatory administrative costs; and
       (D) costs imposed by the regulation on State, local, or 
     tribal governments or other regulatory authorities;
       (5) if quantified benefits do not outweigh quantitative 
     costs, a justification for the regulation;
       (6) identification and assessment of all available 
     alternatives to the regulation, including modification of an 
     existing regulation or statute, together with--
       (A) an explanation of why the regulation meets the 
     objectives of the regulation more effectively than the 
     alternatives, and if the agency is proposing multiple 
     alternatives, an explanation of why a notice of proposed 
     rulemaking, rather than an advanced notice of proposed 
     rulemaking, is appropriate; and
       (B) if the regulation is not a pilot program, an 
     explanation of why a pilot program is not appropriate;
       (7) if the regulation specifies the behavior or manner of 
     compliance, an explanation of why the agency did not instead 
     specify performance objectives;
       (8) an assessment of how the burden imposed by the 
     regulation will be distributed among market participants, 
     including whether consumers, investors, or small businesses 
     will be disproportionately burdened;
       (9) an assessment of the extent to which the regulation is 
     inconsistent, incompatible, or duplicative with the existing 
     regulations of the agency or those of other domestic and 
     international regulatory authorities with overlapping 
     jurisdiction;
       (10) a description of any studies, surveys, or other data 
     relied upon in preparing the analysis;
       (11) an assessment of the degree to which the key 
     assumptions underlying the analysis are subject to 
     uncertainty; and
       (12) an explanation of predicted changes in market 
     structure and infrastructure and in behavior by market 
     participants, including consumers and investors, assuming 
     that they will pursue their economic interests.
       (b) Requirements for Notices of Final Rulemaking.--
       (1) In general.--Notwithstanding any other provision of 
     law, an agency may not issue a notice of final rulemaking 
     with respect to a regulation unless the agency--
       (A) has issued a notice of proposed rulemaking for the 
     relevant regulation;
       (B) has conducted and includes in the notice of final 
     rulemaking an analysis that contains, at a minimum, the 
     elements required under subsection (a); and
       (C) includes in the notice of final rulemaking regulatory 
     impact metrics selected by the chief economist to be used in 
     preparing the report required pursuant to section 6.
       (2) Consideration of comments.--The agency shall 
     incorporate in the elements described in paragraph (1)(B) the 
     data and analyses provided to the agency by commenters during 
     the comment period, or explain why the data or analyses are 
     not being incorporated.
       (3) Comment period.--An agency shall not publish a notice 
     of final rulemaking with respect to a regulation, unless the 
     agency--
       (A) has allowed at least 90 days from the date of 
     publication in the Federal Register of the notice of proposed 
     rulemaking for the submission of public comments; or
       (B) includes in the notice of final rulemaking an 
     explanation of why the agency was not able to provide a 90-
     day comment period.
       (4) Prohibited rules.--
       (A) In general.--An agency may not publish a notice of 
     final rulemaking if the agency, in its analysis under 
     paragraph (1)(B), determines that the quantified costs are 
     greater than the quantified benefits under subsection (a)(5).
       (B) Publication of analysis.--If the agency is precluded by 
     subparagraph (A) from publishing a notice of final 
     rulemaking, the agency shall publish in the Federal Register 
     and on the public website of the agency its analysis under 
     paragraph (1)(B), and provide the analysis to each House of 
     Congress.
       (C) Congressional waiver.--If the agency is precluded by 
     subparagraph (A) from publishing a notice of final 
     rulemaking, Congress, by joint resolution pursuant to the 
     procedures set forth for joint resolutions in section 802 of 
     title 5, United States Code, may direct the agency to publish 
     a notice of final rulemaking notwithstanding the prohibition 
     contained in subparagraph (A). In applying section 802 of 
     title 5, United States Code, for purposes of this paragraph, 
     section 802(e)(2) shall not apply and the term--
       (i) ``joint resolution'' or ``joint resolution described in 
     subsection (a)'' means only a joint resolution introduced 
     during the period beginning on the submission or publication 
     date and ending 60 days thereafter (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: ``That Congress directs, 
     notwithstanding the prohibition contained in (3)(b)(4)(A) of 
     the Financial Regulatory Responsibility Act of 2011, the __ 
     to publish the notice of final rulemaking for the regulation 
     or regulations that were the subject of the analysis 
     submitted by the __ to Congress on __.'' (The blank spaces 
     being appropriately filled in.); and
       (ii) ``submission or publication date'' means--

       (I) the date on which the analysis under paragraph (1)(B) 
     is submitted to Congress under paragraph (4)(B); or
       (II) if the analysis is submitted to Congress less than 60 
     session days or 60 legislative days before the date on which 
     the Congress adjourns a session of Congress, the date on 
     which the same or succeeding Congress first convenes its next 
     session.

     SEC. 3984. RULE OF CONSTRUCTION.

       For purposes of the Paperwork Reduction Act (44 U.S.C. 3501 
     et seq.), obtaining, causing to be obtained, or soliciting 
     information for purposes of complying with section 3 with 
     respect to a proposed rulemaking shall not be construed to be 
     a collection of information, provided that the agency has 
     first issued an advanced notice of proposed rulemaking in 
     connection with the regulation, identifies that advanced 
     notice of proposed rulemaking in its solicitation of 
     information, and informs the person from whom the information 
     is obtained or solicited that the provision of information is 
     voluntary.

     SEC. 3985. PUBLIC AVAILABILITY OF DATA AND REGULATORY 
                   ANALYSIS.

       (a) In General.--At or before the commencement of the 
     public comment period with respect to a regulation, the 
     agency shall make available on its public website sufficient 
     information about the data, methodologies, and assumptions 
     underlying the analyses performed pursuant to section 3 so 
     that the analytical results of the agency are capable of 
     being substantially reproduced, subject to an acceptable 
     degree of imprecision or error.
       (b) Confidentiality.--The agency shall comply with 
     subsection (a) in a manner that preserves the confidentiality 
     of nonpublic information, including confidential trade 
     secrets, confidential commercial or financial information, 
     and confidential information about positions, transactions, 
     or business practices.

     SEC. 3986. FIVE-YEAR REGULATORY IMPACT ANALYSIS.

       (a) In General.--Not later than 5 years after the date of 
     publication in the Federal Register of a notice of final 
     rulemaking, the chief economist of the agency shall issue a 
     report that examines the economic impact of the subject 
     regulation, including the direct and indirect costs and 
     benefits of the regulation.
       (b) Regulatory Impact Metrics.--In preparing the report 
     required by subsection (a), the chief economist shall employ 
     the regulatory impact metrics included in the notice of final 
     rulemaking pursuant to section 3(b)(1)(C).
       (c) Reproducibility.--The report shall include the data, 
     methodologies, and assumptions underlying the evaluation so 
     that the agency's analytical results are capable of being 
     substantially reproduced, subject to an acceptable degree of 
     imprecision or error.
       (d) Confidentiality.--The agency shall comply with 
     subsection (c) in a manner that preserves the confidentiality 
     of nonpublic information, including confidential trade 
     secrets, confidential commercial or financial information, 
     and confidential information about positions, transactions, 
     or business practices.
       (e) Report.--The agency shall submit the report required by 
     subsection (a) to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives and post it on the 
     public website of the agency. The Commodity Futures Trading 
     Commission shall also submit its report to the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate and the 
     Committee on Agriculture of the House of Representatives.

     SEC. 3987. RETROSPECTIVE REVIEW OF EXISTING RULES.

       (a) Regulatory Improvement Plan.--Not later than 1 year 
     after the date of enactment of this title and every 5 years 
     thereafter, each agency shall develop, submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives, and post on the public website of the 
     agency a plan, consistent with law and its resources and 
     regulatory priorities, under which the agency will modify, 
     streamline,

[[Page S7219]]

     expand, or repeal existing regulations so as to make the 
     regulatory program of the agency more effective or less 
     burdensome in achieving the regulatory objectives. The 
     Commodity Futures Trading Commission shall also submit its 
     plan to the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate and the Committee on Agriculture of the House 
     of Representatives.
       (b) Implementation Progress Report.--Two years after the 
     date of submission of each plan required under subsection 
     (a), each agency shall develop, submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives, and post on the public website of the agency 
     a report of the steps that it has taken to implement the 
     plan, steps that remain to be taken to implement the plan, 
     and, if any parts of the plan will not be implemented, 
     reasons for not implementing those parts of the plan. The 
     Commodity Futures Trading Commission shall also submit its 
     plan to the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate and the Committee on Agriculture of the House 
     of Representatives.

     SEC. 3988. JUDICIAL REVIEW.

       (a) In General.--Notwithstanding any other provision of 
     law, during the period beginning on the date on which a 
     notice of final rulemaking for a regulation is published in 
     the Federal Register and ending 1 year later, a person that 
     is adversely affected or aggrieved by the regulation is 
     entitled to bring an action in the United States Court of 
     Appeals for the District of Columbia Circuit for judicial 
     review of agency compliance with the requirements of section 
     3.
       (b) Stay.--The court may stay the effective date of the 
     regulation or any provision thereof.
       (c) Relief.--If the court finds that an agency has not 
     complied with the requirements of section 3, the court shall 
     vacate the subject regulation, unless the agency shows by 
     clear and convincing evidence that vacating the regulation 
     would result in irreparable harm. Nothing in this section 
     affects other limitations on judicial review or the power or 
     duty of the court to dismiss any action or deny relief on any 
     other appropriate legal or equitable ground.

     SEC. 3989. CHIEF ECONOMISTS COUNCIL.

       (a) Establishment.--There is established the Chief 
     Economists Council.
       (b) Membership.--The Council shall consist of the chief 
     economist of each agency. The members of the Council shall 
     select the first chairperson of the Council. Thereafter the 
     position of Chairperson shall rotate annually among the 
     members of the Council.
       (c) Meetings.--The Council shall meet at the call of the 
     Chairperson, but not less frequently than quarterly.
       (d) Report.--One year after the effective date of this 
     title and annually thereafter, the Council shall prepare and 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate and the Committee on Financial 
     Services and the Committee on Agriculture of the House of 
     Representatives a report on--
       (1) the benefits and costs of regulations adopted by the 
     agencies during the past 12 months;
       (2) the regulatory actions planned by the agencies for the 
     upcoming 12 months;
       (3) the cumulative effect of the existing regulations of 
     the agencies on economic activity, innovation, international 
     competitiveness of entities regulated by the agencies, and 
     net job creation (excluding jobs related to ensuring 
     compliance with the regulation);
       (4) the training and qualifications of the persons who 
     prepared the cost-benefit analyses of each agency during the 
     past 12 months;
       (5) the sufficiency of the resources available to the chief 
     economists during the past 12 months for the conduct of the 
     activities required by this title; and
       (6) recommendations for legislative or regulatory action to 
     enhance the efficiency and effectiveness of financial 
     regulation in the United States.

     SEC. 3990. CONFORMING AMENDMENTS.

       Section 15(a) of the Commodity Exchange Act (7 U.S.C. 
     19(a)) is amended--
       (1) by striking paragraph (1);
       (2) in paragraph (2), by striking (2) and all that follows 
     through ``light of--'' and inserting the following:
       ``(1) Considerations.--Before promulgating a regulation 
     under this chapter or issuing an order (except as provided in 
     paragraph (2)), the Commission shall take into 
     consideration--'';
       (3) in paragraph (1), as so redesignated--
       (A) in subparagraph (B), by striking ``futures'' and 
     inserting ``the relevant'';
       (B) in subparagraph (C), by adding ``and'' at the end;
       (C) in subparagraph (D), by striking ``and'' at the end; 
     and
       (D) by striking subparagraph (E); and
       (4) by redesignating paragraph (3) as paragraph (2).

     SEC. 3991. OTHER REGULATORY ENTITIES.

       (a) Securities and Exchange Commission.--Not later than 1 
     year after the date of enactment of this title, the 
     Securities and Exchange Commission shall provide to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a report setting forth a plan for 
     subjecting the Public Company Accounting Oversight Board, the 
     Municipal Securities Rulemaking Board, and any national 
     securities association registered under section 15A of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78o-4(a)) to the 
     requirements of this title, other than direct representation 
     on the Council.
       (b) Commodity Futures Trading Commission.--Not later than 1 
     year after the date of enactment of this title, the Commodity 
     Futures Trading Commission shall provide to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate, the 
     Committee on Financial Services of the House of 
     Representatives, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, and the Committee on Agriculture of 
     the House of Representatives a report setting forth a plan 
     for subjecting any futures association registered under 
     section 17 of the Commodity Exchange Act (7 U.S.C. 21) to the 
     requirements of this title, other than direct representation 
     on the Council.

     SEC. 3992. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSES.

       An agency may perform the analyses required by this title 
     in conjunction with, or as a part of, any other agenda or 
     analysis required by any other provision of law, if such 
     other analysis satisfies the provisions this Act.

     SEC. 3993. SEVERABILITY.

       If any provision of this title the application of any 
     provision of this title to any person or circumstance, is 
     held invalid, the application of such provision to other 
     persons or circumstances, and the remainder of this title, 
     shall not be affected thereby.

        TITLE XIV--REGULATORY RESPONSIBILITY FOR OUR ECONOMY ACT

     SEC. 3994. SHORT TITLE.

       This title may be cited as the ``Regulatory Responsbility 
     for Our Economy Act''.

     SEC. 3995. DEFINITIONS.

       In this title--
       (1) the term ``agency'' means any authority of the United 
     States that is--
       (A) an agency as defined under section 3502(1) of title 44, 
     United States Code; and
       (B) shall include an independent regulatory agency as 
     defined under section 3502(5) of title 44, United States 
     Code;
       (2) the term ``regulation''--
       (A) means an agency statement of general applicability and 
     future effect, which the agency intends to have the force and 
     effect of law, that is designed to implement, interpret, or 
     prescribe law or policy or to describe the procedure or 
     practice requirements of an agency; and
       (B) shall not include--
       (i) regulations issued in accordance with the formal 
     rulemaking provisions of sections 556 and 557 of title 5, 
     United States Code;
       (ii) regulations that pertain to a military or foreign 
     affairs function of the United States, other than procurement 
     regulations and regulations involving the import or export of 
     non-defense articles and services; or
       (iii) regulations that are limited to agency organization, 
     management, or personnel matters;
       (3) the term ``regulatory action'' means any substantive 
     action by an agency (normally published in the Federal 
     Register) that promulgates or is expected to lead to the 
     promulgation of a final regulation, including notices of 
     inquiry, advance notices of proposed rulemaking, and notices 
     of proposed rulemaking; and
       (4) the term ``significant regulatory action'' means any 
     regulatory action that is likely to result in a regulation 
     that may--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligation of recipients thereof;
       (D) add to the national debt; or
       (E) raise novel legal or policy issues arising out of legal 
     mandates, the President's priorities, or the principles set 
     forth in this Act.

     SEC. 3996. AGENCY REQUIREMENTS.

       (a) Federal Regulatory System.--The Federal regulatory 
     system shall--
       (1) protect the public health, welfare, safety, and the 
     environment of the United States, especially those promoting 
     economic growth, innovation, competitiveness, and job 
     creation;
       (2) be based on the best available science and information;
       (3) allow for public participation and an open exchange of 
     ideas;
       (4) promote predictability and reduce uncertainty, 
     including adherence to a clearly articulated timeline for the 
     release of regulatory documents at all stages of the 
     regulatory process;
       (5) identify and use the best, most innovative, and least 
     burdensome tools for achieving regulatory ends;
       (6) take into account benefits and costs, both quantitative 
     and qualitative;
       (7) ensure that regulations are accessible, consistent, 
     written in plain language, and easy to understand; and
       (8) measure, and seek to improve, the actual results of 
     regulatory requirements.
       (b) Requirements.--Each agency shall--

[[Page S7220]]

       (1) propose or adopt a regulation only upon a reasoned 
     determination that the benefits of the regulation justify the 
     costs of the regulation to the extent permitted by law;
       (2) tailor regulations of the agency to impose the least 
     burden on society, consistent with obtaining regulatory 
     objectives, taking into account, among other things, the 
     costs of cumulative regulations;
       (3) select, in choosing among alternative regulatory 
     approaches, those approaches that maximize net benefits, 
     including potential economic, environmental, public health 
     and safety, and other advantages, distributive impacts, and 
     equity;
       (4) specify performance objectives, rather than specifying 
     the behavior or manner of compliance that regulated entities 
     are required to adopt;
       (5) identify and assess available alternatives to direct 
     regulation, including providing economic incentives to 
     encourage the desired behavior, such as user fees or 
     marketable permits, or providing information upon which 
     choices can be made by the public; and
       (6) use the best available techniques to quantify 
     anticipated present and future benefits and costs.

     SEC. 3997. PUBLIC PARTICIPATION.

       (a) In General.--Regulations shall be--
       (1) adopted through a process that involves public 
     participation; and
       (2) based, to the extent consistent with law, on the open 
     exchange of information and perspectives among State, local, 
     and tribal officials, experts in relevant disciplines, 
     affected stakeholders in the private sector, and the public 
     as a whole.
       (b) Opportunity To Participate.--Each agency shall--
       (1) provide the public with an opportunity to participate 
     in the regulatory process;
       (2) as authorized by law, afford the public a meaningful 
     opportunity to comment through the Internet on any proposed 
     regulation, with a comment period that shall begin on the 
     date on which the proposed regulation is published in the 
     Federal Register and be not less than 60 days, unless the 
     relevant regulation is designated by the Administrator of the 
     Office of Information and Regulatory Affairs to be an 
     emergency rule;
       (3) provide, for both proposed and final rules, timely 
     online access to the rulemaking docket on regulations.gov, 
     including relevant scientific and technical findings, in an 
     open format that can be easily searched and downloaded; and
       (4) for proposed rules, provide access to include, to the 
     extent permitted by law, an opportunity for public comment on 
     all pertinent parts of the rulemaking docket, including 
     relevant scientific and technical findings.
       (c) Seeking Affected Parties.--Before issuing a notice of 
     proposed rulemaking, each agency shall, where appropriate, 
     seek the views of those who are likely to be affected, 
     including those who are likely to benefit from and those who 
     are potentially subject to such rulemaking.
       (d) Delay of Implementation.--
       (1) In general.--An agency shall delay implementation of an 
     interim final rule until final disposition of a challenge is 
     entered by a court in the United States, if--
       (A) the agency excepted the rule from notice and public 
     procedure under section 553(b)(B) of title 5, United States 
     Code; and
       (B) the agency exception of the rule described under 
     paragraph (1) is challenged in a court in the United States.
       (2) Length of delay.--If implementation of an interim final 
     rule is delayed under paragraph (1), the delay shall continue 
     until a final disposition of the challenge is entered by the 
     court.

     SEC. 3998. INTEGRATION AND INNOVATION.

       (a) Findings.--Congress finds that--
       (1) some sectors and industries face a significant number 
     of regulatory requirements, some of which may be redundant, 
     inconsistent, or overlapping; and
       (2) greater coordination across agencies should reduce 
     these requirements, thus reducing costs and simplifying and 
     harmonizing rules.
       (b) Promotion of Innovation.--In developing regulatory 
     actions and identifying appropriate approaches, each agency 
     shall--
       (1) promote coordination, simplification, and 
     harmonization; and
       (2) identify means to achieve regulatory goals that are 
     designed to promote innovation.

     SEC. 3999. FLEXIBLE APPROACHES.

       (a) In General.--Each agency shall identify and consider 
     regulatory approaches that reduce burdens, especially 
     economic burdens, and maintain flexibility and freedom of 
     choice for the public.
       (b) Contents.--The approaches described under subsection 
     (a) shall include warnings, appropriate default rules, 
     disclosure requirements, and the provision of information to 
     the public in a form that is clear and intelligible.

     SEC. 3999A. SCIENCE.

       Each agency shall ensure the objectivity of any scientific 
     and technological information and processes used to support 
     the regulatory actions of the agency.

     SEC. 3999B. RETROSPECTIVE ANALYSES OF EXISTING RULES.

       (a) Retrospective Analyses.--
       (1) In general.--To facilitate the periodic review of 
     existing significant regulatory actions, agencies shall 
     consider how best to promote retrospective analysis of rules 
     that may be outmoded, ineffective, insufficient, or 
     excessively burdensome, and to modify, streamline, expand, or 
     repeal such regulations in accordance with what has been 
     learned.
       (2) Agreement.--Once every 5 years, each agency may enter 
     into an agreement with a qualified private organization to 
     conduct the retrospective analysis described in paragraph (1) 
     of the agency.
       (3) Publication online.--Any retrospective analyses 
     conducted under this subsection, including supporting data, 
     shall be published online.
       (b) Agency Plans.--
       (1) Plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this title, each agency shall develop and submit 
     to the appropriate congressional committees a preliminary 
     plan for reviewing significant regulatory actions issued by 
     the agency, consistent with law, under which the agency shall 
     review its existing significant regulatory actions once every 
     5 years to determine whether such regulations should be 
     modified, streamlined, expanded, or repealed so as to make 
     the regulatory program of the agency more effective or less 
     burdensome in achieving the regulatory objectives.
       (B) Repeal.--If the plan described in subparagraph (A) 
     includes suggestions for needed repeals a timeline for such 
     repeals shall also be included in the plan.
       (2) Report.--Upon completion of a review under a plan 
     submitted under paragraph (1), each agency shall submit to 
     the appropriate congressional committees a report that--
       (A) describes the outcome of the review, including which 
     regulations were modified, streamlined, expanded, or 
     repealed;
       (B) describes the reasons for the modifications, 
     streamlining, expansions, or repeals described in 
     subparagraph (A); and
       (C) in any case where an agency did not take action, 
     describes the reasons why the agency did not take action to 
     modify, streamline, expand, or repeal any significant 
     regulatory actions.

               TITLE XV--REDUCING REGULATORY BURDENS ACT

     SEC. 3999C. SHORT TITLE.

       This title may be cited as the ``Reducing Regulatory 
     Burdens Act''.

     SEC. 3999D. USE OF AUTHORIZED PESTICIDES.

       Section 3(f) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at 
     the end the following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act, 
     the Administrator or a State may not require a permit under 
     such Act for a discharge from a point source into navigable 
     waters of a pesticide authorized for sale, distribution, or 
     use under this Act, or the residue of such a pesticide, 
     resulting from the application of such pesticide.''.

     SEC. 3999E. DISCHARGES OF PESTICIDES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act, or the residue 
     of such a pesticide, resulting from the application of such 
     pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act that is relevant 
     to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the amount of pesticide or pesticide residue in the 
     discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:
       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.

               DIVISION D--DOMESTIC ENERGY JOB PROMOTION

   TITLE I--DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT REDUCTION ACT

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Domestic Jobs, Domestic 
     Energy, and Deficit Reduction Act''.

              Subtitle A--Outer Continental Shelf Leasing

     SEC. 4111. LEASING PROGRAM CONSIDERED APPROVED.

       (a) In General.--The Draft Proposed Outer Continental Shelf 
     Oil and Gas Leasing Program 2010-2015 issued by the Secretary 
     of the Interior (referred to in this section as the 
     ``Secretary'') under section 18 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1344) is considered to have been 
     approved by the Secretary as a final oil and gas leasing 
     program under that section.
       (b) Final Environmental Impact Statement.--The Secretary is 
     considered to have issued a final environmental impact 
     statement for the program described in subsection

[[Page S7221]]

     (a) in accordance with all requirements under section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)).

     SEC. 4112. LEASE SALES.

       (a) In General.--Except as otherwise provided in this 
     section, not later than 180 days after the date of enactment 
     of this Act and every 270 days thereafter, the Secretary of 
     the Interior (referred to in this section as the 
     ``Secretary'') shall conduct a lease sale in each outer 
     Continental Shelf planning area for which the Secretary 
     determines that there is a commercial interest in purchasing 
     Federal oil and gas leases for production on the outer 
     Continental Shelf.
       (b) Subsequent Determinations and Sales.--If the Secretary 
     determines that there is not a commercial interest in 
     purchasing Federal oil and gas leases for production on the 
     outer Continental Shelf in a planning area under this 
     section, not later than 2 years after the date of enactment 
     of the determination and every 2 years thereafter, the 
     Secretary shall--
       (1) determine whether there is a commercial interest in 
     purchasing Federal oil and gas leases for production on the 
     outer Continental Shelf in the planning area; and
       (2) if the Secretary determines that there is a commercial 
     interest described in subsection (a), conduct a lease sale in 
     the planning area.
       (c) Exclusion From 5-year Lease Program.--If a planning 
     area for which there is a commercial interest described in 
     subsection (a) was not included in a 5-year lease program, 
     the Secretary shall include leasing in the planning area in 
     the subsequent 5-year lease program.
       (d) Petitions.--If a person petitions the Secretary to 
     conduct a lease sale for an outer Continental Shelf planning 
     area in which the person has a commercial interest, not later 
     than 60 days after the date of receipt of the petition, the 
     Secretary shall conduct a lease sale for the area.
       (e) Exception.--Subsection (a) shall not apply to the North 
     Atlantic Planning Area.

     SEC. 4113. APPLICATIONS FOR PERMITS TO DRILL.

       Section 5 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1334) is amended by adding at the end the following:
       ``(k) Applications for Permits to Drill.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall approve or disapprove an application for a permit to 
     drill submitted under this Act not later than 20 days after 
     the date the application is submitted to the Secretary.
       ``(2) Disapproval.--If the Secretary disapproves an 
     application for a permit to drill submitted under paragraph 
     (1), the Secretary shall--
       ``(A) provide to the applicant a description of the reasons 
     for the disapproval of the application;
       ``(B) allow the applicant to resubmit an application during 
     the 10-day period beginning on the date of the receipt of the 
     description by the applicant; and
       ``(C) approve or disapprove any resubmitted application not 
     later than 10 days after the date the application is 
     submitted to the Secretary.''.

     SEC. 4114. LEASE SALES FOR CERTAIN AREAS.

       (a) In General.--As soon as practicable but not later than 
     1 year after the date of enactment of this Act, the Secretary 
     of the Interior shall hold--
       (1) Lease Sale 216 for areas in the Central Gulf of Mexico;
       (2) Lease Sale 218 for areas in the Western Gulf of Mexico;
       (3) Lease Sale 220 for areas offshore the State of 
     Virginia; and
       (4) Lease Sale 222 for areas in the Central Gulf of Mexico.
       (b) Compliance With Other Laws.--For purposes of the Lease 
     Sales described in subsection (a), the Environmental Impact 
     Statement for the 2007-2015-Year OCS Plan and the applicable 
     Multi-Sale Environmental Impact Statement shall be considered 
     to satisfy the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (c) Energy Projects in the Gulf of Mexico.--
       (1) Jurisdiction.--The United States Court of Appeals for 
     the Fifth Circuit shall have exclusive jurisdiction over 
     challenges to offshore energy projects and permits to drill 
     carried out in the Gulf of Mexico.
       (2) Filing deadline.--Any civil action to challenge a 
     project or permit described in paragraph (1) shall be filed 
     not later than 60 days after the date of approval of the 
     project or the issuance of the permit.

                  Subtitle B--Regulatory Streamlining

     SEC. 4131. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES 
                   ON PUBLIC LAND.

       Subsection (e) of the Oil Shale, Tar Sands, and Other 
     Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 
     15927(e)) is amended--
       (1) in the first sentence, by striking ``Not later'' and 
     inserting the following:
       ``(1) In general.--Not later'';
       (2) in the second sentence--
       (A) by striking ``If the Secretary'' and inserting the 
     following:
       ``(2) Lease sales.--
       ``(A) In general.--If the Secretary''; and
       (B) by striking ``may'' and inserting ``shall'';
       (3) in the last sentence, by striking ``Evidence of 
     interest'' and inserting the following:
       ``(B) Evidence of interest.--Evidence of interest''; and
       (4) by adding at the end the following:
       ``(C) Subsequent lease sales.--During any period for which 
     the Secretary determines that there is sufficient support and 
     interest in a State in the development of tar sands and oil 
     shale resources, the Secretary shall--
       ``(i) at least annually, consult with the persons described 
     in paragraph (1) to expedite the commercial leasing program 
     for oil shale resources on public land in the State; and
       ``(ii) at least once every 270 days, conduct a lease sale 
     in the State under the commercial leasing program 
     regulations.''.

     SEC. 4132. JURISDICTION OVER COVERED ENERGY PROJECTS.

       (a) Definition of Covered Energy Project.--In this section, 
     the term ``covered energy project'' means any action or 
     decision by a Federal official regarding--
       (1) the leasing of Federal land (including submerged land) 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, or any other source or form 
     of energy, including actions and decisions regarding the 
     selection or offering of Federal land for such leasing; or
       (2) any action under such a lease, except that this section 
     and Act shall not apply to a dispute between the parties to a 
     lease entered into a provision of law authorizing the lease 
     regarding obligations under the lease or the alleged breach 
     of the lease.
       (b) Exclusive Jurisdiction Over Causes and Claims Relating 
     to Covered Energy Projects.--Notwithstanding any other 
     provision of law, the United States District Court for the 
     District of Columbia shall have exclusive jurisdiction to 
     hear all causes and claims under this section or any other 
     Act that arise from any covered energy project.
       (c) Time for Filing Complaint.--
       (1) In general.--Each case or claim described in subsection 
     (b) shall be filed not later than the end of the 60-day 
     period beginning on the date of the action or decision by a 
     Federal official that constitutes the covered energy project 
     concerned.
       (2) Prohibition.--Any cause or claim described in 
     subsection (b) that is not filed within the time period 
     described in paragraph (1) shall be barred.
       (d) District Court for the District of Columbia Deadline.--
       (1) In general.--Each proceeding that is subject to 
     subsection (b) shall--
       (A) be resolved as expeditiously as practicable and in any 
     event not more than 180 days after the cause or claim is 
     filed; and
       (B) take precedence over all other pending matters before 
     the district court.
       (2) Failure to comply with deadline.--If an interlocutory 
     or final judgment, decree, or order has not been issued by 
     the district court by the deadline required under this 
     section, the cause or claim shall be dismissed with prejudice 
     and all rights relating to the cause or claim shall be 
     terminated.
       (e) Ability To Seek Appellate Review.--An interlocutory or 
     final judgment, decree, or order of the district court under 
     this section may be reviewed by no other court except the 
     Supreme Court.
       (f) Deadline for Appeal to the Supreme Court.--If a writ of 
     certiorari has been granted by the Supreme Court pursuant to 
     subsection (e), the interlocutory or final judgment, decree, 
     or order of the district court shall be resolved as 
     expeditiously as practicable and in any event not more than 
     180 days after the interlocutory or final judgment, decree, 
     order of the district court is issued.

     SEC. 4133. ENVIRONMENTAL IMPACT STATEMENTS.

       Title I of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4331 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT 
                   STATEMENTS.

       ``(a) Completion.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, each review carried out under section 102(2)(C) with 
     respect to any action taken under any provision of law, or 
     for which funds are made available under any provision of 
     law, shall be completed not later than the date that is 270 
     days after the commencement of the review.
       ``(2) Failure to complete review.--If a review described in 
     paragraph (1) has not been completed for an action subject to 
     section 102(2)(C) by the date specified in paragraph (1)--
       ``(A) the action shall be considered to have no significant 
     impact described in section 102(2)(C); and
       ``(B) that classification shall be considered to be a final 
     agency action.
       ``(3) Unemployment rate.--If the national unemployment rate 
     is 5 percent or more, the lead agency conducting a review of 
     an action under this section shall use the most expeditious 
     means authorized under this title to conduct the review.
       ``(b) Lead Agency.--The lead agency for a review of an 
     action under this section shall be the Federal agency to 
     which funds are made available for the action.
       ``(c) Review.--
       ``(1) Administrative appeals.--There shall be a single 
     administrative appeal for each review carried out pursuant to 
     section 102(2)(C).
       ``(2) Judicial review.--
       ``(A) In general.--On resolution of the administrative 
     appeal, judicial review of the final agency decision after 
     exhaustion of administrative remedies shall lie with the 
     United States Court of Appeals for the District of Columbia 
     Circuit.

[[Page S7222]]

       ``(B) Administrative record.--An appeal to the court 
     described in subparagraph (A) shall be based only on the 
     administrative record.
       ``(C) Pendency of judicial review.--After an agency has 
     made a final decision with respect to a review carried out 
     under this subsection, the decision shall be effective during 
     the course of any subsequent appeal to a court described in 
     subparagraph (A).
       ``(3) Civil action.--Each civil action covered by this 
     section shall be considered to arise under the laws of the 
     United States.''.

     SEC. 4134. CLEAN AIR REGULATION.

       (a) Regulation of Greenhouse Gases.--Section 302(g) of the 
     Clean Air Act (42 U.S.C. 7602(g)) is amended--
       (1) by striking ``(g) The term'' and inserting the 
     following:
       ``(g) Air Pollutant.--
       ``(1) In general.--The term'';
       (2) by striking ``Such term'' and inserting the following:
       ``(2) Inclusions.--The term `air pollutant' ''; and
       (3) by adding at the end the following:
       ``(3) Exclusions.--The term `air pollutant' does not 
     include carbon dioxide, methane from agriculture or 
     livestock, or water vapor.''.
       (b) Emission Waivers.--The Administrator of the 
     Environmental Protection Agency shall not grant to any State 
     any waiver of Federal preemption of motor vehicle standards 
     under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)) 
     for preemption under that Act for any regulation of the State 
     to control greenhouse gas emissions from motor vehicles.

     SEC. 4135. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.

       Section 321(b) of the Clean Air Act (42 U.S.C. 7621(b)) is 
     amended--
       (1) by designating the first through eighth sentences as 
     paragraphs (1) through (8), respectively; and
       (2) by adding at the end the following:
       ``(9) Economic analysis.--Not later than 30 days before 
     conducting a public hearing or providing notice of a 
     determination that a hearing is not necessary with respect to 
     a requirement described in paragraph (1), the Administrator 
     shall--
       ``(A) conduct a full economic analysis of the requirement; 
     and
       ``(B) make the results of the analysis available to the 
     public.
       ``(10) Economic review board.--
       ``(A) In general.--Not later than 30 days after the date on 
     which the Administrator makes the results of an economic 
     analysis of a requirement available to the public under 
     paragraph (9)(B), the Secretary of Commerce shall establish 
     an economic review board consisting of a representative from 
     each Federal agency with jurisdiction over affected 
     industries to assess--
       ``(i) the cumulative economic impact of the requirement, 
     including the direct, indirect, quantifiable, and qualitative 
     effects;
       ``(ii) the cost of compliance with the requirement;
       ``(iii) the effect of the requirement on the retirement or 
     closure of domestic businesses;
       ``(iv) the direct and indirect adverse impacts on the 
     economies of local communities that are projected to result 
     from the requirement;
       ``(v) energy sectors that could be expected to retire units 
     as a result of the requirement;
       ``(vi) the impact of the requirement on the price of 
     electricity, oil, gas, coal, and renewable resources;
       ``(vii) the economic harm to consumers resulting from the 
     requirement;
       ``(viii) the impact of the requirement on the ability of 
     industries and businesses in the United States to compete 
     with industries and businesses in other countries, with 
     respect to competitiveness in both domestic and foreign 
     markets;
       ``(ix) the regions of the United States that are forecasted 
     to be--

       ``(I) most affected from the direct and indirect adverse 
     impacts of the requirement from the retirement of impacted 
     units and increased prices for retail electricity, 
     transportation fuels, heating oil, and petrochemicals; and
       ``(II) least affected from adverse impacts described in 
     subclause (I) due to the creation of new jobs and economic 
     growth that are expected to result directly and indirectly 
     from energy construction projects;

       ``(x) the adverse impacts of the requirement on electric 
     reliability that are expected to result from the retirement 
     of electric generation;
       ``(xi) the geographical distribution of the projected 
     adverse electric reliability impacts of the requirement;
       ``(xii) Federal, State, and local policies that have been 
     or will be implemented to support energy infrastructure in 
     the United States, including policies that promote fuel 
     diversity, affordable and reliable electricity, and energy 
     security; and
       ``(xiii) other direct and indirect impacts that are 
     expected to result from the cumulative obligation to comply 
     with the requirement.
       ``(B) Report.--Not later than 30 days after the date on 
     which the economic review board completes the assessment of a 
     requirement under subparagraph (A), the economic review board 
     shall submit to Congress, the President, and the Secretary a 
     report that describes the results of the assessment.
       ``(C) Regulations.--The Administrator shall not promulgate 
     regulations to implement a requirement described in paragraph 
     (1) until at least 60 days after the date of submission of 
     the report on the requirement under subparagraph (B).''.

     SEC. 4136. ENDANGERED SPECIES.

       (a) Emergencies.--Section 10 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1539) is amended by adding at the end the 
     following:
       ``(k) Emergencies.--On the declaration of an emergency by 
     the Governor of a State, the Secretary shall, for the 
     duration of the emergency, temporarily exempt from the 
     prohibition against taking, and the prohibition against the 
     adverse modification of critical habitat, under this Act any 
     action that is reasonably necessary to avoid or ameliorate 
     the impact of the emergency, including the operation of any 
     water supply or flood control project by a Federal agency.''.
       (b) Prohibition of Consideration of Impact of Greenhouse 
     Gas.--
       (1) In general.--The Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 
                   GREENHOUSE GAS.

       ``(a) Definition of Greenhouse.--In this section, the term 
     `greenhouse gas' means any of--
       ``(1) carbon dioxide;
       ``(2) methane;
       ``(3) nitrous oxide;
       ``(4) sulfur hexafluoride;
       ``(5) a hydrofluorocarbon;
       ``(6) a perfluorocarbon; or
       ``(7) any other anthropogenic gas designated by the 
     Secretary for purposes of this section.
       ``(b) Impact of Greenhouse Gas.--The impact of greenhouse 
     gas on any species of fish or wildlife or plant shall not be 
     considered for any purpose in the implementation of this 
     Act.''.
       (2) Conforming amendment.--The table of contents in the 
     first section of the Endangered Species Act of 1973 (16 
     U.S.C. prec. 1531) is amended by adding at the end the 
     following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 19. Prohibition of consideration of impact of greenhouse gas.''.

     SEC. 4137. REISSUANCE OF PERMITS AND LEASES.

       (a) Environmental Protection Agency.--Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator of the Environment Protection Agency shall 
     approve the specification of the areas described in the 
     notice entitled ``Final Determination of the Assistant 
     Administrator for Water Pursuant to Section 404(c) of the 
     Clean Water Act Concerning the Spruce No. 1 Mine, Logan 
     County, WV'' (76 Fed. Reg. 3126; January 19. 2011), with no 
     further review or analysis.
       (b) Department of the Interior.--Not later than 30 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior shall issue or reissue, with no further review or 
     analysis, each lease for the production of oil or gas in the 
     State of Utah was cancelled during any of calendar years 2009 
     through 2011.

     SEC. 4138. CENTRAL VALLEY PROJECT.

       The Act of August 27, 1954 (68 Stat. 879, chapter 1012; 16 
     U.S.C. 695d et seq.) is amended by adding at the end the 
     following:

     ``SEC. 9. EFFECT OF BIOLOGICAL OPINIONS.

       ``Notwithstanding any other provision of law, in connection 
     with the Central Valley Project, the Bureau of Reclamation 
     and an agency of the State of California operating a water 
     project in connection with the Project shall not restrict 
     operations of an applicable project pursuant to any 
     biological opinion issued under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), if the restriction would 
     result in a level of allocation of water that is less than 
     the historical maximum level of allocation of water under the 
     project.''.

     SEC. 4139. BEAUFORT SEA OIL DRILLING PROJECT.

       Not later than 30 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall issue a permit under the Clean Air Act (42 U.S.C. 7401 
     et seq.) to Shell Oil Company to permit the Company to drill 
     for oil in the Beaufort Sea, with no further review or 
     analysis.

     SEC. 4140. ENVIRONMENTAL LEGAL FEES.

       Section 504 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(g) Environmental Legal Fees.--Notwithstanding section 
     1304 of title 31, no award may be made under this section and 
     no amounts may be obligated or expended from the Claims and 
     Judgment Fund of the United States Treasury to pay any legal 
     fees of an environmental nongovernmental organization related 
     to an action that (with respect to the United States)--
       ``(1) prevents, terminates, or reduces access to or the 
     production of--
       ``(A) energy;
       ``(B) a mineral resource;
       ``(C) water by agricultural producers;
       ``(D) a resource by commercial or recreational fishermen; 
     or
       ``(E) grazing or timber production on Federal land;
       ``(2) diminishes the private property value of a property 
     owner; or
       ``(3) eliminates or prevents 1 or more jobs.''.

                TITLE II--JOBS AND ENERGY PERMITTING ACT

     SEC. 4201. SHORT TITLE.

       This title may be cited as the ``Jobs and Energy Permitting 
     Act''.

[[Page S7223]]

     SEC. 4202. AIR QUALITY MEASUREMENT.

       Section 328(a)(1) of the Clean Air Act (42 U.S.C. 
     7627(a)(1)) is amended in the second sentence by inserting 
     before the period at the end the following: ``, except that 
     any air quality impact of any OCS source shall be measured or 
     modeled, as appropriate, and determined solely with respect 
     to the impacts in the corresponding onshore area''.

     SEC. 4203. OUTER CONTINENTAL SHELF SOURCE.

       Section 328(a)(4) of the Clean Air Act (42 U.S.C. 
     7627(a)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``subsections (a) and (b)'' and inserting ``this subsection 
     and subsections (b) and (d)''; and
       (2) in subparagraph (C)--
       (A) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and by indenting 
     the subclauses appropriately;
       (B) by striking ``The terms'' and inserting ``(i) In 
     general.--The terms''; and
       (C) by striking the undesignated matter following subclause 
     (III) (as redesignated by subparagraph (A)) and inserting the 
     following:
       ``(ii) OCS source activity.--An OCS source activity 
     includes platform and drill ship exploration, construction, 
     development, production, processing, and transportation.
       ``(iii) Emissions.--Emissions from any vessel servicing or 
     associated with an OCS source, including emissions while at 
     the OCS source or en route to or from the OCS source within 
     25 miles of the OCS source--

       ``(I) shall be considered direct emissions from the OCS 
     source; but
       ``(II) shall not be subject to any emission control 
     requirement applicable to the source under subpart 1 of part 
     C of title I.

       ``(iv) Platform or drill ship exploration.--For platform or 
     drill ship exploration, an OCS source is established at the 
     point in time when drilling commences at a location and 
     ceases to exist when drilling activity ends at that location 
     or is temporarily interrupted because the platform or drill 
     ship relocates for weather or other reasons.''.

     SEC. 4204. PERMITS.

       Section 328 of the Clean Air Act (42 U.S.C. 7627) is 
     amended by adding at the end the following:
       ``(d) Permit Application.--In the case of a completed 
     application for a permit under this Act for platform or drill 
     ship exploration for an OCS source--
       ``(1) final agency action (including any reconsideration of 
     the issuance or denial of the permit) shall be taken not 
     later than 180 days after the date of filing the completed 
     application;
       ``(2) the Environmental Appeals Board of the Environmental 
     Protection Agency shall have no authority to consider any 
     matter relating to the consideration, issuance, or denial of 
     the permit;
       ``(3) no administrative stay of the effectiveness of the 
     permit may extend beyond the date that is 180 days after the 
     date of filing the completed application;
       ``(4) the final agency action shall be considered to be 
     nationally applicable under section 307(b); and
       ``(5) judicial review of the final agency action shall be 
     available only in accordance with section 307(b) without 
     additional administrative review or adjudication.''.

            TITLE III--AMERICAN ENERGY AND WESTERN JOBS ACT

     SEC. 4301. SHORT TITLE.

       This title may be cited as the ``American Energy and 
     Western Jobs Act''.

     SEC. 4302. RESCISSION OF CERTAIN INSTRUCTION MEMORANDA.

       The following are rescinded and shall have no force or 
     effect:
       (1) The Bureau of Land Management Instruction Memorandum 
     entitled ``Oil and Gas Leasing Reform--Land Use Planning and 
     Lease Parcel Reviews'', numbered 2010-117, and dated May 17, 
     2010.
       (2) The Bureau of Land Management Instruction Memorandum 
     entitled ``Energy Policy Act Section 390 Categorical 
     Exclusion Policy Revision'', numbered 2010-118, and dated May 
     17, 2010.
       (3) Secretarial Order No. 3310 issued by the Secretary of 
     the Interior on December 22, 2010.

     SEC. 4303. AMENDMENTS TO THE MINERAL LEASING ACT.

       (a) Onshore Oil and Gas Lease Issuance Improvement.--
     Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
     226(b)(1)(A)) is amended in the seventh sentence, by striking 
     ``Leases shall be issued within 60 days following payment by 
     the successful bidder of the remainder of the bonus bid, if 
     any, and the annual rental for the first lease year'' and 
     inserting ``The Secretary of the Interior shall automatically 
     issue a lease 60 days after the date of the payment by the 
     successful bidder of the remainder of the bonus bid, if any, 
     and the annual rental for the first lease year, unless the 
     Secretary of the Interior is able to issue the lease before 
     that date. The filing of any protest to the sale or issuance 
     of a lease shall not extend the date by which the lease is to 
     be issued''.
       (b) Judicial Review.--Section 17 of the Mineral Leasing Act 
     (30 U.S.C. 226) is amended by adding at the end the 
     following:
       ``(q) Judicial Review.--Any action seeking judicial review 
     of the adequacy of any program or site-specific environmental 
     impact statement under section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) concerning 
     oil and gas leasing for onshore Federal land shall be barred 
     unless the action is brought in the appropriate district 
     court of the United States by the date that is 60 days after 
     the date on which there is published in the Federal Register 
     the notice of the availability of the environmental impact 
     statement.''.
       (c) Determination of Impact of Proposed Policy 
     Modifications.--The Mineral Leasing Act is amended by 
     inserting after section 37 (30 U.S.C. 193) the following:

     ``SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POLICY 
                   MODIFICATIONS.

       ``(a) Definitions.--In this section:
       ``(1) Department.--The term `Department' means the 
     Department of the Interior.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(b) Duty of Secretary.--
       ``(1) In general.--Before the modification and 
     implementation of any onshore oil or natural gas preleasing 
     or leasing and development policy (as in effect as of January 
     1, 2010) or a policy relating to protecting the wilderness 
     characteristics of public land, the Secretary shall--
       ``(A) complete an economic impact assessment in accordance 
     with paragraph (2); and
       ``(B) issue a determination that the proposed policy 
     modification would have the effects described in paragraph 
     (2)(A).
       ``(2) Requirements.--In carrying out an assessment to 
     determine the impact of a proposed policy modification 
     described in paragraph (1), the Secretary shall--
       ``(A) in consultation with the appropriate officials of 
     each State (including political subdivisions of the State) in 
     which 1 or more parcels of land subject to oil and natural 
     gas leasing are located and any other appropriate individuals 
     or entities, as determined by the Secretary--
       ``(i)(I) carry out an economic analysis of the impact of 
     the policy modification on oil- and natural gas-related 
     employment opportunities and domestic reliance on foreign 
     imports of petroleum resources; and
       ``(II) certify that the policy modification would not 
     result in a detrimental impact on employment opportunities 
     relating to oil- and natural gas-related development or 
     contribute to an increase in the domestic use of imported 
     petroleum resources; and
       ``(ii) carry out a policy assessment to determine the 
     manner by which the policy modification would impact--

       ``(I) revenues from oil and natural gas receipts to the 
     general fund of the Treasury, including a certification that 
     the modification would, for the 10-year period beginning on 
     the date of implementation of the modification, not 
     contribute to an aggregate loss of oil and natural gas 
     receipts; and
       ``(II) revenues to the treasury of each affected State that 
     shares oil and natural gas receipts with the Federal 
     Government, including a certification that the modification 
     would, for the 10-year period beginning on the date of 
     implementation of the modification, not contribute to an 
     aggregate loss of oil and natural gas receipts; and

       ``(B) provide notice to the public of, and an opportunity 
     to comment on, the policy modification in a manner consistent 
     with subchapter II of chapter 5 and chapter 7 of title 5, 
     United States Code (commonly known as the `Administrative 
     Procedure Act').''.

     SEC. 4304. ANNUAL REPORT ON REVENUES GENERATED FROM MULTIPLE 
                   USE OF PUBLIC LAND.

       (a) Annual Report.--As part of the annual agency budget, 
     the Secretary of the Interior (acting through the Director of 
     the Bureau of Land Management) and the Secretary of 
     Agriculture (acting through the Chief of the Forest Service) 
     shall submit an annual report detailing, for each field 
     office, the revenues generated by each use of public land.
       (b) Inclusions.--The report shall include--
       (1) a line item for each use of public land, including use 
     for--
       (A) grazing;
       (B) recreation;
       (C) timber;
       (D) leasable minerals, including a distinct accounting for 
     each of oil, natural gas, coal, and geothermal development;
       (E) locatable minerals;
       (F) renewable energy sources, including a distinct 
     accounting for each of wind and solar energy;
       (G) the sale of land; and
       (H) transmission; and
       (2) identification of the total acres designated as 
     wilderness, wilderness study areas, and wild lands.
       (c) Availability.--The Secretary of the Interior and the 
     Secretary of Agriculture shall make the report prepared under 
     this section publicly available on the applicable agency 
     website.

     SEC. 4305. FEDERAL ONSHORE OIL AND NATURAL GAS PRODUCTION 
                   GOAL.

       (a) In General.--The Secretary of the Interior shall 
     establish a domestic strategic production goal for the 
     development of oil and natural gas managed by the Federal 
     Government.
       (b) Requirements.--In establishing the goal under 
     subsection (a), the Secretary shall--
       (1) ensure that the United States maintains or increases 
     production of Federal onshore oil and natural gas;
       (2) ensure that the 10-year production outlook for Federal 
     onshore oil and natural gas be provided annually;
       (3) examine steps to streamline the permitting process to 
     meet the goal;
       (4) include the goal in each resource management plan; and
       (5) analyze each proposed policy of the Department of the 
     Interior for the potential

[[Page S7224]]

     impact of the policy on achieving the goal before 
     implementation of the policy.

     SEC. 4306. OIL SHALE.

       (a) Additional Research and Development Lease Sales.--Not 
     later than 180 days after the date of enactment of this Act, 
     the Secretary of the Interior shall hold a lease sale in 
     which the Secretary of the Interior shall offer an additional 
     10 parcels for lease for research, development, and 
     demonstration of oil shale resources in accordance with the 
     terms offered in the solicitation of bids for the leases 
     described in the notice entitled ``Potential for Oil Shale 
     Development; Call for Nominations--Oil Shale Research, 
     Development, and Demonstration (R, D, and D) Program'' (74 
     Fed. Reg. 2611).
       (b) Application of Regulations.--The final rule entitled 
     ``Oil Shale Management--General'' (73 Fed. Reg. 69414), shall 
     apply to all commercial leasing for the management of 
     federally owned oil shale and any associated minerals located 
     on Federal land.

                  TITLE IV--MINING JOBS PROTECTION ACT

     SEC. 4401. SHORT TITLE.

       This title may be cited as the ``Mining Jobs Protection 
     Act''.

     SEC. 4402. PERMITS FOR DREDGED OR FILL MATERIAL.

       Section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Authority of Administrator To Disapprove 
     Specifications.--
       ``(1) In general.--The Administrator, in accordance with 
     this subsection, may prohibit the specification of any 
     defined area as a disposal site, and may deny or restrict the 
     use of any defined area for specification as a disposal site, 
     in any case in which the Administrator determines, after 
     notice and opportunity for public hearings and consultation 
     with the Secretary, that the discharge of those materials 
     into the area will have an unacceptable adverse effect on--
       ``(A) municipal water supplies;
       ``(B) shellfish beds and fishery areas (including spawning 
     and breeding areas);
       ``(C) wildlife; or
       ``(D) recreational areas.
       ``(2) Deadline for action.--
       ``(A) In general.--The Administrator shall--
       ``(i) not later than 30 days after the date on which the 
     Administrator receives from the Secretary for review a 
     specification proposed to be issued under subsection (a), 
     provide notice to the Secretary of, and publish in the 
     Federal Register, a description of any potential concerns of 
     the Administrator with respect to the specification, 
     including a list of measures required to fully address those 
     concerns; and
       ``(ii) if the Administrator intends to disapprove a 
     specification, not later than 60 days after the date on which 
     the Administrator receives a proposed specification under 
     subsection (a) from the Secretary, provide to the Secretary 
     and the applicant, and publish in the Federal Register, a 
     statement of disapproval of the specification pursuant to 
     this subsection, including the reasons for the disapproval.
       ``(B) Failure to act.--If the Administrator fails to take 
     any action or meet any deadline described in subparagraph (A) 
     with respect to a proposed specification, the Administrator 
     shall have no further authority under this subsection to 
     disapprove or prohibit issuance of the specification.
       ``(3) No retroactive disapproval.--
       ``(A) In general.--The authority of the Administrator to 
     disapprove or prohibit issuance of a specification under this 
     subsection--
       ``(i) terminates as of the date that is 60 days after the 
     date on which the Administrator receives the proposed 
     specification from the Secretary for review; and
       ``(ii) shall not be used with respect to any specification 
     after issuance of the specification by the Secretary under 
     subsection (a).
       ``(B) Specifications disapproved before date of 
     enactment.--In any case in which, before the date of 
     enactment of this subparagraph, the Administrator disapproved 
     a specification under this subsection (as in effect on the 
     day before the date of enactment of the Jobs Through Growth 
     Act) after the specification was issued by the Secretary 
     pursuant to subsection (a)--
       ``(i) the Secretary may--

       ``(I) reevaluate and reissue the specification after making 
     appropriate modifications; or
       ``(II) elect not to reissue the specification; and

       ``(ii) the Administrator shall have no further authority to 
     disapprove the modified specification or any reissuance of 
     the specification.
       ``(C) Finality.--An election by the Secretary under 
     subparagraph (B)(i) shall constitute final agency action.
       ``(4) Applicability.--Except as provided in paragraph (3), 
     this subsection applies to each specification proposed to be 
     issued under subsection (a) that is pending as of, or 
     requested or filed on or after, the date of enactment of the 
     Jobs Through Growth Act''.

     SEC. 4403. REVIEW OF PERMITS.

       Section 404(q) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344(q)) is amended--
       (1) in the first sentence, by striking ``(q) Not later 
     than'' and inserting the following:
       ``(q) Agreements; Higher Review of Permits.--
       ``(1) Agreements.--
       ``(A) In general.--Not later than'';
       (2) in the second sentence, by striking ``Such agreements'' 
     and inserting the following:
       ``(B) Deadline.--Agreements described in subparagraph 
     (A)''; and
       (3) by adding at the end the following:
       ``(2) Higher review of permits.--
       ``(A) In general.--Subject to subparagraph (C), before the 
     Administrator or the head of another Federal agency requests 
     that a permit proposed to be issued under this section 
     receive a higher level of review by the Secretary, the 
     Administrator or other head shall--
       ``(i) consult with the head of the State agency having 
     jurisdiction over aquatic resources in each State in which 
     activities under the requested permit would be carried out; 
     and
       ``(ii) obtain official consent from the State agency (or, 
     in the case of multiple States in which activities under the 
     requested permit would be carried out, from each State 
     agency) to designate areas covered or affected by the 
     proposed permit as aquatic resources of national importance.
       ``(B) Failure to obtain consent.--If the Administrator or 
     the head of another Federal agency does not obtain State 
     consent described in subparagraph (A) with respect to a 
     permit proposed to be issued under this section, the 
     Administrator or Federal agency may not proceed in seeking 
     higher review of the permit.
       ``(C) Limitation on elevations.--The Administrator or the 
     head of another Federal agency may request that a permit 
     proposed to be issued under this section receive a higher 
     level of review by the Secretary not more than once per 
     permit.
       ``(D) Effective date.--This paragraph applies to permits 
     for which applications are submitted under this section on or 
     after January 1, 2010.''.

                   TITLE V--ENERGY TAX PREVENTION ACT

     SEC. 4501. SHORT TITLE.

       This title may be cited as the ``Energy Tax Prevention 
     Act''.

     SEC. 4502. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       (a) In General.--Title III of the Clean Air Act (42 U.S.C. 
     7601 et seq.) is amended by adding at the end the following:

     ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       ``(a) Definition.--In this section, the term `greenhouse 
     gas' means any of the following:
       ``(1) Water vapor.
       ``(2) Carbon dioxide.
       ``(3) Methane.
       ``(4) Nitrous oxide.
       ``(5) Sulfur hexafluoride.
       ``(6) Hydrofluorocarbons.
       ``(7) Perfluorocarbons.
       ``(8) Any other substance subject to, or proposed to be 
     subject to, regulation, action, or consideration under this 
     Act to address climate change.
       ``(b) Limitation on Agency Action.--
       ``(1) Limitation.--
       ``(A) In general.--The Administrator may not, under this 
     Act, promulgate any regulation concerning, take action 
     relating to, or take into consideration the emission of a 
     greenhouse gas to address climate change.
       ``(B) Air pollutant definition.--The definition of the term 
     `air pollutant' in section 302(g) does not include a 
     greenhouse gas. Nothwithstanding the previous sentence, such 
     definition may include a greenhouse gas for purposes of 
     addressing concerns other than climate change.
       ``(2) Exceptions.--Paragraph (1) does not prohibit the 
     following:
       ``(A) Notwithstanding paragraph (4)(B), implementation and 
     enforcement of the rule entitled `Light-Duty Vehicle 
     Greenhouse Gas Emission Standards and Corporate Average Fuel 
     Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and 
     without further revision) and finalization, implementation, 
     enforcement, and revision of the proposed rule entitled 
     `Greenhouse Gas Emissions Standards and Fuel Efficiency 
     Standards for Medium- and Heavy-Duty Engines and Vehicles' 
     published at 75 Fed. Reg. 74152 (November 30, 2010).
       ``(B) Implementation and enforcement of section 211(o).
       ``(C) Statutorily authorized Federal research, development, 
     and demonstration programs addressing climate change.
       ``(D) Implementation and enforcement of title VI to the 
     extent such implementation or enforcement only involves one 
     or more class I or class II substances (as such terms are 
     defined in section 601).
       ``(E) Implementation and enforcement of section 821 (42 
     U.S.C. 7651k note) of Public Law 101-549 (commonly referred 
     to as the `Clean Air Act Amendments of 1990').
       ``(3) Inapplicability of provisions.--Nothing listed in 
     paragraph (2) shall cause a greenhouse gas to be subject to 
     part C of title I (relating to prevention of significant 
     deterioration of air quality) or considered an air pollutant 
     for purposes of title V (relating to air permits).
       ``(4) Certain prior agency actions.--The following rules, 
     and actions (including any supplement or revision to such 
     rules and actions) are repealed and shall have no legal 
     effect:
       ``(A) `Mandatory Reporting of Greenhouse Gases', published 
     at 74 Fed. Reg. 56260 (October 30, 2009).
       ``(B) `Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases under section 202(a) of the Clean Air Act' 
     published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
       ``(C) `Reconsideration of the Interpretation of Regulations 
     That Determine Pollutants

[[Page S7225]]

     Covered by Clean Air Act Permitting Programs' published at 75 
     Fed. Reg. 17004 (April 2, 2010) and the memorandum from 
     Stephen L. Johnson, Environmental Protection Agency (EPA) 
     Administrator, to EPA Regional Administrators, concerning 
     `EPA's Interpretation of Regulations that Determine 
     Pollutants Covered by Federal Prevention of Significant 
     Deterioration (PSD) Permit Program' (Dec. 18, 2008).
       ``(D) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 
     31514 (June 3, 2010).
       ``(E) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Substantial 
     Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 
     (December 13, 2010).
       ``(F) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Failure to 
     Submit State Implementation Plan Revisions Required for 
     Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 
     29, 2010).
       ``(G) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Federal Implementation 
     Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
       ``(H) `Action To Ensure Authority To Implement Title V 
     Permitting Programs Under the Greenhouse Gas Tailoring Rule', 
     published at 75 Fed. Reg. 82254 (December 30, 2010).
       ``(I) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program', published at 75 Fed. Reg. 82430 
     (December 30, 2010).
       ``(J) `Limitation of Approval of Prevention of Significant 
     Deterioration Provisions Concerning Greenhouse Gas Emitting-
     Sources in State Implementation Plans; Final Rule', published 
     at 75 Fed. Reg. 82536 (December 30, 2010).
       ``(K) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program; Proposed Rule', published at 75 Fed. 
     Reg. 82365 (December 30, 2010).
       ``(L) Except for action listed in paragraph (2), any other 
     Federal action under this Act occurring before the date of 
     enactment of this section that applies a stationary source 
     permitting requirement or an emissions standard for a 
     greenhouse gas to address climate change.
       ``(5) State action.--
       ``(A) No limitation.--This section does not limit or 
     otherwise affect the authority of a State to adopt, amend, 
     enforce, or repeal State laws and regulations pertaining to 
     the emission of a greenhouse gas.
       ``(B) Exception.--
       ``(i) Rule.--Notwithstanding subparagraph (A), any 
     provision described in clause (ii)--

       ``(I) is not federally enforceable;
       ``(II) is not deemed to be a part of Federal law; and
       ``(III) is deemed to be stricken from the plan described in 
     clause (ii)(I) or the program or permit described in clause 
     (ii)(II), as applicable.

       ``(ii) Provisions defined.--For purposes of clause (i), the 
     term `provision' means any provision that--

       ``(I) is contained in a State implementation plan under 
     section 110 and authorizes or requires a limitation on, or 
     imposes a permit requirement for, the emission of a 
     greenhouse gas to address climate change; or
       ``(II) is part of an operating permit program under title 
     V, or a permit issued pursuant to title V, and authorizes or 
     requires a limitation on the emission of a greenhouse gas to 
     address climate change.

       ``(C) Action by administrator.--The Administrator may not 
     approve or make federally enforceable any provision described 
     in subparagraph (B)(ii).''.

     SEC. 4503. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

       Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is 
     amended by adding at the end the following:
       ``(4) With respect to standards for emissions of greenhouse 
     gases (as defined in section 330) for model year 2017 or any 
     subsequent model year for new motor vehicles and new motor 
     vehicle engines--
       ``(A) the Administrator may not waive application of 
     subsection (a); and
       ``(B) no waiver granted prior to the date of enactment of 
     this paragraph may be considered to waive the application of 
     subsection (a).''.

TITLE VI--REPEAL RESTRICTIONS ON GOVERNMENT USE OF DOMESTIC ALTERNATIVE 
                                 FUELS

     SEC. 4601. REPEAL OF UNNECESSARY BARRIER TO DOMESTIC FUEL 
                   PRODUCTION.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is repealed.

                TITLE VII--PUBLIC LANDS JOB CREATION ACT

     SEC. 4701. SHORT TITLE.

       This title may be cited as the ``Public Lands Job Creation 
     Act''.

     SEC. 4702. REVIEW OF CERTAIN FEDERAL REGISTER NOTICES.

       If, by the date that is 45 days after the date on which a 
     State Bureau of Land Management office has submitted a 
     Federal Register notice to the Washington, DC, office of the 
     Bureau of Land Management for Department of Interior review, 
     the review has not been completed--
       (1) the notice shall consider to be approved; and
       (2) the State Bureau of Land Management office shall 
     immediately forward the notice to the Federal Register for 
     publication.

                      DIVISION E--EXPORT PROMOTION

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Creating American Jobs 
     through Exports Act of 2011''.

     SEC. 5002. RENEWAL OF TRADE PROMOTION AUTHORITY.

       (a) In General.--Section 2103 of the Bipartisan Trade 
     Promotion Authority Act of 2002 (19 U.S.C. 3803) is amended--
       (1) in subsection (a)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) may enter into trade agreements with foreign 
     countries--
       ``(i) on and after the date of the enactment of the 
     Creating American Jobs through Exports Act of 2011 and before 
     June 1, 2013; or
       ``(ii) on and after June 1, 2013, and before December 31, 
     2013, if trade authorities procedures are extended under 
     subsection (c); and'';
       (2) in subsection (b)(1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) The President may enter into a trade agreement under 
     this paragraph--
       ``(i) on and after the date of the enactment of the 
     Creating American Jobs through Exports Act of 2011 and before 
     June 1, 2013; or
       ``(ii) on and after June 1, 2013, and before December 31, 
     2013, if trade authorities procedures are extended under 
     subsection (c).''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``before July 1, 
     2005'' and inserting ``on and after the date of the enactment 
     of the Creating American Jobs through Exports Act of 2011 and 
     before June 1, 2013''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``after 
     June 30, 2005, and before July 1, 2007'' and inserting ``on 
     or after June 1, 2013, and before December 31, 2013''; and
       (II) in clause (ii), by striking ``July 1, 2005'' and 
     inserting ``June 1, 2013'';

       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``April 1, 2005'' and inserting ``March 1, 
     2013'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``June 1, 2005'' and inserting ``May 1, 
     2013''; and
       (ii) in subparagraph (B)--

       (I) by striking ``June 1, 2005'' and inserting ``May 1, 
     2013''; and
       (II) by striking ``the date of enactment of this Act'' and 
     inserting ``the date of the enactment of the Creating 
     American Jobs through Exports Act of 2011''; and

       (D) in paragraph (5), by striking ``June 30, 2005'' each 
     place it appears and inserting ``May 31, 2013''.
       (b) Treatment of the Trans-Pacific Partnership Agreement 
     and Certain Other Agreements.--Section 2106 of the Bipartisan 
     Trade Promotion Authority Act of 2002 (19 U.S.C. 3806) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking the comma at the end and 
     inserting ``, or'';
       (B) by striking paragraphs (2), (3), and (4) and inserting 
     the following:
       ``(2) establishes a Trans-Pacific Partnership,''; and
       (C) in the flush text at the end, by striking ``the date of 
     the enactment of this Act'' and inserting ``the date of the 
     enactment of the Creating American Jobs through Exports Act 
     of 2011''; and
       (2) in subsection (b)(2), in the matter preceding 
     subparagraph (A), by striking ``the enactment of this Act'' 
     and inserting ``the date of the enactment of the Creating 
     American Jobs through Exports Act of 2011''.

     SEC. 5003. MODIFICATION OF STANDARD FOR PROVISIONS THAT MAY 
                   BE INCLUDED IN IMPLEMENTING BILLS.

       Section 2103(b) of the Bipartisan Trade Promotion Authority 
     Act of 2002 (19 U.S.C. 3803(b)), as amended by section 
     5002(a), is further amended in paragraph (3)(B) by striking 
     clause (ii) and inserting the following:
       ``(ii) provisions that are necessary to the implementation 
     and enforcement of such trade agreement.''.

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